# In the matter of Sri Ganesh Automotive Impex Pvt Ltd. IA No. 5734-ND-2021 in IB-398-ND-2019

> NCLT judgment dated 2021-12-16. Citation: TCN-2021-NCLT-00143. The application was filed stating that consent was given to appoint Mr. Bhim Sen Goel as…

- **Court:** NCLT
- **Order date:** 16 Dec 2021
- **Citation:** TCN-2021-NCLT-00143
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sri-ganesh-automotive-impex-pvt-ltd-ia-no-5734-nd-2021-in-ib-398-nd-2019-890f5dd3

## Summary

### Background

The application was filed stating that consent was given to appoint Mr. Bhim Sen Goel as Interim Resolution Professional (IRP). However, an order dated 2021-11-13 erroneously appointed Mr. Umesh Chand Goel as IRP due to oversight after a long period due to Covid. The applicant seeks correction to reflect the appointment of Mr. Bhim Sen Goel as IRP.

## Facts

The applicant filed an application seeking the appointment of Mr. Bhim Sen Goel as the Interim Resolution Professional (IRP). An order dated 2021-11-13 mistakenly appointed Mr. Umesh Chand Goel as the IRP. The error occurred due to oversight after a long period, attributed to the Covid situation. The applicant seeks correction of the order to reflect the originally intended appointment of Mr. Bhim Sen Goel as the IRP. The consent was given with respect to Mr. Bhim Sen Goel as IRP.

## Issues and analysis

### Issue 1: Whether the order appointing Mr. Umesh Chand Goel as Interim Resolution Professional should be …

**Ratio:** The court has the power to correct errors arising from oversight or inadvertence to

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**Reasoning:** The court reasoned that the previous order mistakenly appointed Mr. Umesh Chand Goel as

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**Interpretation:** The interpretation involves the court's inherent power to rectify errors to

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**Application:** The ratio and reasoning are applied to the specific facts where the court

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## Parties

- **Judges:** DHARMINDER…; AVINASH K.…
- **Appellants:** M/s Gitansh…
- **Respondents:** M/s Sri Ganesh…

## Timeline

- **2021-11-13 — Erroneous…**: An order was issued appointing Mr. Umesh Chand Goel as the Interim Resolution…
- **2021-12-16 — Corrective…**: The court issued an order correcting the previous error and appointing Mr. Bhim Sen Goel…

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