# In the matter of Kohinoor Paper and News Print Private Limited

> NCLT judgment dated 2023-11-10. Citation: TCN-2023-NCLT-00744. The case involves an application under Section 60(5)(C) of the IBC, 2016 and Rule 11 of the…

- **Court:** NCLT
- **Order date:** 10 Nov 2023
- **Citation:** TCN-2023-NCLT-00744
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/kohinoor-paper-and-news-print-private-limited-4364362b

## Summary

### Background

The case involves an application under Section 60(5)(C) of the IBC, 2016 and Rule 11 of the Insolvency and Bankruptcy Code, 2016. The application, IA 966/KB/2022, seeks the recalling of an order dated 08.08.2022 in IA 749/KB/2022. The matter pertains to M/s. Kohinoor Paper and Newspaper Private Limited (in Liquidation), with Uday Narayan Mitra as the liquidator.

## Facts

M/s. Kohinoor Paper and Newspaper Private Limited is undergoing liquidation. Uday Narayan Mitra is the liquidator, registered with IBBI. IA 966/KB/2022 was filed seeking the recall of an order dated 08.08.2022 passed in IA 749/KB/2022. Ajay Agarwal and Tarapada Halder are the respondents in the matter. The key fact is the prior dismissal of IA 749 of 2022, which forms the basis for dismissing IA 966/KB/2022.

## Issues and analysis

### Issue 1: Whether the application IA 966/KB/2022 seeking recall of the order dated 08.08.2022 in IA …

**Ratio:** An application seeking the recall of an order becomes infructuous if the order sought to

…

**Reasoning:** The court reasoned that since IA 749 of 2022 had already been dismissed, any application

…

**Interpretation:** The interpretation is based on the principle that once an application is

…

**Application:** The ratio and reasoning were applied to the fact that IA 749 was dismissed.

…

## Parties

- **Judges:** BIDISHA BA…; Balraj…
- **Respondents:** Kohinoor Paper…; Ajay Ag…

## Timeline

- **2022-08-08 — Order in IA 74…**: Order passed in IA 749/KB/2022,…
- **2023-01-19 — Date of H…**: Hearing conducted on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/kohinoor-paper-and-news-print-private-limited-4364362b