# In the matter of Hythro Power Corporation Ltd. (IB)-1064(PB)-2018

> NCLT judgment dated 2022-12-12. Citation: TCN-2022-NCLT-00184. The case involves M/s. Grid Infratech Pvt. Ltd. as the petitioner/applicant against M/s. Hytro…

- **Court:** NCLT
- **Order date:** 12 Dec 2022
- **Citation:** TCN-2022-NCLT-00184
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hythro-power-corporation-ltd-ib-1064pb-2018-2646089d

## Summary

### Background

The case involves M/s. Grid Infratech Pvt. Ltd. as the petitioner/applicant against M/s. Hytro Power Corporation Ltd. The matter also concerns IA-5023/2021 involving Mr. Deepak Maini, a Resolution Professional, against several respondents including Amul Gabrani, Ajay Kumar Bishnoi, Shiv Nandan Sharma, Rajasthan State Industrial Development and Investment Corporation Ltd. (RIICO), and the Income Tax Department. Additionally, IA-3364/2020 involves the Employees Provident Fund Organization as an applicant. The initial order in the present matter was passed on 2022-11-23.

## Facts

M/s. Grid Infratech Pvt. Ltd. initiated proceedings against M/s. Hytro Power Corporation Ltd. Mr. Deepak Maini was the initial Resolution Professional. An order was passed on 2022-11-23. A typographical error occurred in the order, specifically in para 15(ii) on page 16, where Mr. Deepak Maini was incorrectly appointed as the liquidator. The tribunal identified this error and decided to rectify it. Mr. Mahesh Agarwal was appointed as the liquidator in place of Mr. Deepak Maini. The rectification order was delivered on 2022-12-12. The registry was instructed to communicate the corrected order to all parties involved.

## Issues and analysis

### Issue 1: Whether the tribunal has the authority to rectify …

**Ratio:** Rule 154 of the NCLT Rules grants the tribunal

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**Reasoning:** The tribunal recognized that the error in appointing Mr. Deepak Maini as the liquidator

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**Interpretation:** Rule 154 allows the tribunal to correct errors that are apparent on the face of

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**Application:** The tribunal applied Rule 154 to correct the error in the order, ensuring that

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## Parties

- **Judges:** Ramalingam…; Sh. Avinash K.…
- **Appellants:** M/s. Grid…
- **Respondents:** M/s. Hytro Power…

## Timeline

- **2022-11-23 — Original Orde…**: The initial order in the…
- **2022-12-12 — Rectification Order…**: The rectification order correcting the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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