# In the matter of Indu Projects Limited IA No.305 & 1031-2023 in IP No.8-2023 in CP(IB) No.372-7-HDB-2018

> NCLT judgment dated 2023-07-05. Citation: TCN-2023-NCLT-02663. The case involves an application (IA No.1031/2023) filed by Earthin Projects Ltd. seeking to…

- **Court:** NCLT
- **Order date:** 5 Jul 2023
- **Citation:** TCN-2023-NCLT-02663
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/indu-projects-limited-ia-no305-1031-2023-in-ip-no8-2023-in-cpib-no372-7-hdb-2018-17947d17

## Summary

### Background

The case involves an application (IA No.1031/2023) filed by Earthin Projects Ltd. seeking to recall an order dated 19.06.2023 in IP No.8/2023 in IA No.305/2023 in CP No.372/HDB/2018 and to defer the hearing of IA No.305/2023. The applicant, initially a successful resolution applicant, failed to fulfill the conditions of the resolution plan, leading to the current dispute.

## Facts

Earthin Projects Ltd. filed an application seeking to recall a previous order and defer a hearing. Earthin Projects Ltd. was initially a successful resolution applicant but failed to meet the conditions of the resolution plan, specifically the payment of the amount provided under the plan. The applicant sought extensions of time for payment, which were initially granted but later rejected when the applicant still failed to fulfill the condition. An appeal against the rejection was preferred before the NCLAT, which granted a 3-month extension, but the applicant still could not pay the amount. The Resolution Professional then filed an IA seeking fresh IRP, which was allowed. The applicant appealed this decision to the NCLAT, which confirmed the tribunal's order. The

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## Issues and analysis

### Issue 1: Whether the Tribunal has the …

**Ratio:** The power to recall a judgment is inherent in the Tribunal, but it is not a power to

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**Reasoning:** The Tribunal relied on the judgment of the Hon'ble Supreme Court in Civil Appeal No.955

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**Interpretation:** The power to recall is distinct from the power to review. The power to recall

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**Application:** The Tribunal determined that the error pointed out by the applicant was not a

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## Parties

- **Judges:** TELAPROLU…; SH. CHARAN…
- **Appellants:** M/s. Earthin…
- **Respondents:** Indu Projects…

## Timeline

- **2023-06-19 — Order Da…**: Order dated 19.06.2023 in IP No.8 of 2023 in IA No.305 of 2023 in CP No.372/HDB/2018…
- **2023-06-28 — Hearing…**: Hearing on the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 31(1) — Approval of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-31)

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