# In the matter of KRP Infrastructures & Builders Pvt. Ltd. CP No. (IB)151-ALD-2019

> NCLT judgment dated 2021-10-26. Citation: TCN-2021-NCLT-00695. The case involves an application (IA No.101/2021) filed for recalling an earlier order dated…

- **Court:** NCLT
- **Order date:** 26 Oct 2021
- **Citation:** TCN-2021-NCLT-00695
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/krp-infrastructures-builders-pvt-ltd-cp-no-ib151-ald-2019-66b0968f

## Summary

### Background

The case involves an application (IA No.101/2021) filed for recalling an earlier order dated 17.12.2019, where the Adjudicating Authority had disposed of ‘CP No.(IB)151/ALD/2019' filed under Section 9 of the IBC. The initial disposal was based on the corporate debtor already being admitted into CIRP. Subsequently, a settlement occurred between the parties, leading to an application under Section 12A of the IBC, 2016, which was allowed on 27.01.2020.

## Facts

An application, CP No.(IB)151/ALD/2019, was initially filed under Section 9 of the IBC. This application was disposed of by the Adjudicating Authority on 17.12.2019 because the corporate debtor had already been admitted into CIRP. Subsequently, the parties reached a settlement, leading to the filing of an application under Section 12A of the IBC, 2016. This application was allowed on 27.01.2020. IA No.101/2021 was then filed to recall the initial order disposing of CP No.(IB)151/ALD/2019. The key fact is the settlement between the parties after the initial disposal, which prompted the filing and allowance of the Section 12A application and the subsequent request to restore the original application.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should recall its earlier order dated 17.12.2019, disposing of …

**Ratio:** The legal principle applied is that a prior order can be recalled and the original

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**Reasoning:** The court reasoned that the undisputed facts, including the settlement between the

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**Interpretation:** This interprets Section 12A of the IBC as providing a mechanism to allow for

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where a

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## Parties

- **Judges:** RohitKa…; Virendra Kumar…
- **Respondents:** KRP INFRASTRUCTURE…
- **Advocates:** Saurabh…

## Timeline

- **2019-12-17 — Original…**: Adjudicating Authority disposed of CP No.(IB)151/ALD/2019 due to the corporate debtor…
- **2020-01-27 — Section 12A Application…**: Application under Section 12A of IBC, 2016,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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