# In the matter of KSK Mahanadi Power Company Ltd. IA No.9 of 2022 in IA No.31 of 2020 in CP(IB) No. 492-7-HDB-2019

> NCLT judgment dated 2023-05-24. Citation: TCN-2023-NCLT-03217. The case involves an application (IA No.9 of 2022 in IA No.31 of 2020 in CP(IB) No.…

- **Court:** NCLT
- **Order date:** 24 May 2023
- **Citation:** TCN-2023-NCLT-03217
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ksk-mahanadi-power-company-ltd-ia-no9-of-2022-in-ia-no31-of-2020-in-cpib-no-492-2157e0a2

## Summary

### Background

The case involves an application (IA No.9 of 2022 in IA No.31 of 2020 in CP(IB) No. 492/7/HDB/2019) filed by the Applicant, Mr. Bandaru Purna Chandra Rao, seeking to reopen IA No.31 of 2020. The applicant sought directions for the Respondents to admit a principal claim amount for payments related to Design Analysis, Technical and Engineering Services rendered to M/s. KSK Mahanadi Power Company Limited. Earlier, IA No.31 of 2020 was dismissed on 21.07.2022, seeking the same reliefs.

## Facts

Mr. Bandaru Purna Chandra Rao, an Operational Creditor, filed IA No.9 of 2022 seeking to reopen IA No.31 of 2020, which had been previously dismissed on 21.07.2022. The initial application, IA No.31 of 2020, sought directions for the Respondents to admit a principal claim amount for payments related to Design Analysis, Technical and Engineering Services rendered to M/s. KSK Mahanadi Power Company Limited. The Respondent contended that the application was not maintainable because the dismissal order of IA No.31 of 2020 was not challenged. The Applicant argued that the previous order had many errata and needed correction. The key fact is that the applicant did not appeal the original dismissal order. KSK Mahanadi Power Company is the Corporate Debtor.

## Issues and analysis

### Issue 1: Whether the application to reopen IA No.31 of 2020 is maintainable when the original dismissal …

**Ratio:** An order that has not been challenged in an appellate forum or sought to be modified by

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**Reasoning:** The court reasoned that since the original dismissal order was not challenged, it became

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**Interpretation:** The interpretation is based on the principle that judicial orders, once passed

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**Application:** In this case, the applicant did not challenge the dismissal order of IA No.31

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## Parties

- **Judges:** TELAPROLU…; SH. CHARAN…
- **Appellants:** Bandaru Purna…
- **Respondents:** KSK Mahanadi…

## Timeline

- **2020-01-01 — IA No.31 of 20…**: IA No.31 of 2020 was filed,…
- **2022-07-21 — IA No.31 of 2020…**: IA No.31 of 2020 was…

## 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)

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