# In the matter of Evan Multispeciality Hospital & Research Centre Pvt. Ltd. RA-4-2020 in CA-856-2019 in IB-985-ND-2018

> NCLT judgment dated 2020-09-11. Citation: TCN-2020-NCLT-00647. The case involves a request to rectify errors in an order dated 2020-06-08. The errors pertain…

- **Court:** NCLT
- **Order date:** 11 Sept 2020
- **Citation:** TCN-2020-NCLT-00647
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/evan-multispeciality-hospital-research-centre-pvt-ltd-ra-4-2020-in-ca-856-2019-i-68f38134

## Summary

### Background

The case involves a request to rectify errors in an order dated 2020-06-08. The errors pertain to the time period for implementation of the resolution plan and a typographical error in the title line of the order. The resolution plan initially noted a 30-day implementation period, but the plan also indicated an upfront payment of Rs. 22.55 Crore.

## Facts

The National Company Law Tribunal (NCLT) was considering RA-04/2020 to rectify errors in an order dated 2020-06-08. The initial order mentioned a 30-day implementation period for the resolution plan. However, the plan also indicated an upfront payment of Rs. 22.55 Crore. This discrepancy was not explicitly noted in Para 20 of the original order. Additionally, there was a typographical error in the title line regarding the section under which CA-856/2019 was filed. The applicant sought rectification of these errors. The key facts are the discrepancy in the implementation period and the upfront payment, and the typographical error in the title line, which prompted the rectification application.

## Issues and analysis

### Issue 1: Whether the order dated 2020-06-08 should be rectified to include the details regarding the upfront …

**Ratio:** Rule 154 of the NCLT Rules, 2016, confers

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**Reasoning:** The court noted that the upfront payment detail was not specifically mentioned in Para 20

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**Interpretation:** Rule 154 allows the NCLT to correct errors that are apparent on the face of the

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**Application:** The court applied Rule 154 to rectify the order by inserting the wording

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## Parties

- **Judges:** CH. MOHD SHARIEF…; Narendra Kumar…
- **Respondents:** Evan Multispecialt…

## Timeline

- **2020-06-08 — Original Ord…**: Date of the original order that contained…
- **2020-09-11 — Order Del…**: Date on which the order…

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