# In the matter of Arun Chadha RP Vs. Prithipal Singh Gulati, CP (IB) No.  956/ND/2020

> NCLT judgment dated 2021-08-12. Citation: TCN-2021-NCLT-01363. The case involves an application (I.A. No. 3435 of 2021) filed by Mr. Prithipal Singh Gulati,…

- **Court:** NCLT
- **Order date:** 12 Aug 2021
- **Citation:** TCN-2021-NCLT-01363
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/arun-chadha-rp-vs-prithipal-singh-gulati-cp-165ebe18

## Summary

### Background

The case involves an application (I.A. No. 3435 of 2021) filed by Mr. Prithipal Singh Gulati, the Applicant, under Section 60(5) of the Insolvency and Bankruptcy Code (IBC), 2016, read with Rule 11 of the NCLT Rules, 2016. The applicant had previously filed an application bearing no IB-956/(ND)/2020 under Section 94 of IBC 2016 for initiation of the Insolvency Resolution Process against himself as a Personal Guarantor. Mr. Navneet Kumar Jain was appointed as the Resolution Professional (RP) to examine the application and make recommendations.

## Facts

Mr. Prithipal Singh Gulati, acting as a Personal Guarantor, initiated an Insolvency Resolution Process (IRP) against himself by filing application IB-956/(ND)/2020 under Section 94 of the IBC, 2016. The Adjudicating Authority appointed Mr. Navneet Kumar Jain as the Resolution Professional (RP) to examine the application. During the hearing of I.A. No. 3435 of 2021, it was brought to the court's attention that the order dated 23.10.2020 contained a clerical error, specifically mentioning the details of another IP, Mr. Bikram Singh Gusain, instead of Mr. Navneet Kumar Jain. The error pertained to the name, registration number, and email details of the IP. The court acknowledged the mistake and sought to rectify it to ensure the correct RP was officially recognized and

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## Issues and analysis

### Issue 1: Whether the clerical error in the order dated 23.10.2020, regarding the details of the appointed …

**Ratio:** Section 420(2) of the Companies Act, 2013, read with Rule 154 of the NCLT Rules, 2016,

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**Reasoning:** The court reasoned that the incorrect mention of Mr. Bikram Singh Gusain's details

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**Interpretation:** Section 420(2) allows the tribunal to correct errors to ensure accuracy and

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**Application:** The court applied this principle to the specific facts by acknowledging the

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## Parties

- **Judges:** Sh. Abni Ranjan…; SH. L. N.…
- **Appellants:** Prithipal Singh…
- **Respondents:** Gulati Retails…; Arun Ch…

## Timeline

- **2020-10-23 — Previous…**: An order was issued, but it inadvertently contained incorrect details of another IP, Mr.…
- **2021-08-12 — Order Del…**: The court rectified the clerical error in the previous order and directed Mr. Navneet…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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