# In the matter of Lanco Hoskote Highway Limited IA (IBC) No. 242 of 2021 in IA No. 652 of 2020 in C.P. (IB) No. 133-7-HDB-2019

> NCLT judgment dated 2021-10-06. Citation: TCN-2021-NCLT-00833. This case involves an application filed by Kalyan Toll Infrastructure Limited, the successful…

- **Court:** NCLT
- **Order date:** 6 Oct 2021
- **Citation:** TCN-2021-NCLT-00833
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lanco-hoskote-highway-limited-ia-ibc-no-242-of-2021-in-ia-no-652-of-2020-in-cp-i-bff003a9

## Summary

### Background

This case involves an application filed by Kalyan Toll Infrastructure Limited, the successful resolution applicant, under section 60(5) of the Insolvency & Bankruptcy Code, 2016, seeking clarification of certain portions of an order dated 2021-04-26 passed in IA No. 652 of 2020 in C.P (IB) No. 133/7/HDB/2019. The applicant sought clarification regarding waivers and reliefs sought in the resolution plan, particularly concerning dues claimed by the National Highway Authority of India (NHAI).

## Facts

Kalyan Toll Infrastructure Limited, the successful resolution applicant, filed an application seeking clarification of an order passed by the Adjudicating Authority. The clarification was sought because NHAI, a creditor, was demanding past dues from the Corporate Debtor, Lanco Hoskote Highway Ltd, despite the approval of the resolution plan. NHAI claimed these dues as penalties for not maintaining the road properly. The applicant argued that NHAI, as a creditor, was bound by the resolution plan, which extinguished all past dues. The Adjudicating Authority had previously directed NHAI to consider the resolution applicant's request for waivers favorably. NHAI contended that the application was an attempt to review the original order and that the order was already clear.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority has the jurisdiction to clarify its previous order regarding the …

**Ratio:** The Adjudicating Authority can correct clerical or arithmetical mistakes in any order or

…

**Reasoning:** The Adjudicating Authority stated that it could not consider the application under

…

**Interpretation:** The Adjudicating Authority's power to clarify is limited to correcting errors

…

**Application:** The Adjudicating Authority clarified para 21 of the order, which dealt with the

…

## Parties

- **Judges:** Shrimadan…; Veera Brahma Rao…
- **Appellants:** Edelweiss Asset…
- **Respondents:** Lanco Hoskote…

## Timeline

- **2021-04-26 — Order Da…**: Order passed in IA No.652 of 2020 in C.P (IB) No.133/7/HDB/2019, wherein the applicant's…
- **2021-08-04 — Hearing…**: Hearing held on this…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/lanco-hoskote-highway-limited-ia-ibc-no-242-of-2021-in-ia-no-652-of-2020-in-cp-i-bff003a9