# In the matter of State Bank of India Vs. Waseem Ahmad Khan, vide CP (IB) No. 951 (PB)/2020

> NCLT judgment dated 2021-01-06. Citation: TCN-2021-NCLT-03388. The case involves an application moved by the Resolution Professional on behalf of the creditor…

- **Court:** NCLT
- **Order date:** 6 Jan 2021
- **Citation:** TCN-2021-NCLT-03388
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/state-bank-of-india-vs-waseem-ahmad-khan-vide-cp-59f68238

## Summary

### Background

The case involves an application moved by the Resolution Professional on behalf of the creditor for the appointment of Mr. Anil Kohli. The appointment of the Resolution Professional was missed out in an earlier order. An order has already been passed under section 95 of the Insolvency & Bankruptcy Code, 2016.

## Facts

State Bank of India filed an application against Waseem Ahmad Khan under Section 95 of the Insolvency & Bankruptcy Code, 2016. The application was moved by the Resolution Professional on behalf of the creditor for the appointment of Mr. Anil Kohli as the Resolution Professional. The appointment of the Resolution Professional was missed out in an earlier order. The court found that the RP is continuing on the rolls of IBBI.

## Issues and analysis

### Issue 1: Whether the application for the appointment of the Resolution Professional should be allowed, …

**Ratio:** The court has the power to rectify errors and omissions in previous orders to ensure the

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**Reasoning:** The court noted that the appointment of the Resolution Professional was missed in an

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**Interpretation:** This interprets the court's inherent power to correct its own errors to

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**Application:** The court applied this principle to the specific facts by allowing the

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## Parties

- **Judges:** SH. B.S.V.…; Sh. Hemant Kumar…
- **Appellants:** State Bank of…
- **Respondents:** Waseem Ahma…

## Timeline

- **2021-01-06 — Order Del…**: Order delivered on 06.01.2021 regarding the application for appointment of Resolution…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95 — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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