# In the matter of Macin Remedies India Limited

> NCLT judgment dated 2023-07-21. Citation: TCN-2023-NCLT-05266. The application IA No.1543/2023 was filed by Macin Remedies India Limited, the corporate…

- **Court:** NCLT
- **Order date:** 21 Jul 2023
- **Citation:** TCN-2023-NCLT-05266
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/macin-remedies-india-limited-986e9fe3

## Summary

### Background

The application IA No.1543/2023 was filed by Macin Remedies India Limited, the corporate debtor/applicant, against Royal Pharma Packers, the operational creditor/respondent, under Rule 11 of the National Company Law Rules, 2016, seeking to recall the order dated 04.07.2023 and to take on record a Memorandum of Settlement dated 05.06.2023.

## Facts

Macin Remedies India Limited filed an application (IA No.1543/2023) to recall the order dated 04.07.2023 and to record a Memorandum of Settlement dated 05.06.2023.

The corporate debtor, Macin Remedies India Limited, agreed to pay the operational creditor, Royal Pharma Packers, the full and final settlement amount.

The application was filed under Rule 11 of the NCLT Rules, 2016.

The Adjudicating Authority pronounced the order of the main petition CP (IB) No.228/Chd/Pb/2020 on 04.07.2023.

In CP (IB) No.228/Chd/Pb/2020, the petition was admitted, and Ms. Pooja Damir Miglani was appointed as Interim Resolution Professional.

The applicant was proceeded against ex parte vide order dated 15.09.2022, and MA (IBC) No.2/2023, filed to set aside that order, was dismissed on 04.07.2023.

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## Issues and analysis

### Issue 1: Whether the application filed under Rule 11 of the NCLT Rules, 2016, is maintainable for recalling …

**Ratio:** The application filed under Rule 11 of the

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**Reasoning:** The proper application should have been filed under Section 12A read with Regulation 30A

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**Interpretation:** Rule 11 of the NCLT Rules, 2016, is not the appropriate provision for recalling

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**Application:** The Adjudicating Authority dismissed

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## Parties

- **Judges:** 2023-0…; Harnam Singh…; +1 more
- **Appellants:** Royal Pharma…
- **Respondents:** Macin Remedies…; Royal Pharma…
- **Other parties:** Avtar Singh…; Pooja Damir…
- **Advocates:** Nitin B…

## Timeline

- **2023-07-21 — Judgement deli…**: Judgement delivered on…
- **2023-07-04 — Order Da…**: Order of main petition i.e. CP (IB)…

## 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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