# In the matter of Lanco Amarkantak Power Limited IA No.515 of 2021 in CP(IB) No.420-7-HDB-2018

> NCLT judgment dated 2023-07-04. Citation: TCN-2023-NCLT-02706. IA 515 of 2021 was filed seeking to amend prayers in CP(IB) No. 420/7/HDB/2018. The applicant…

- **Court:** NCLT
- **Order date:** 4 Jul 2023
- **Citation:** TCN-2023-NCLT-02706
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/lanco-amarkantak-power-limited-ia-no515-of-2021-in-cpib-no420-7-hdb-2018-ad339a79

## Summary

### Background

IA 515 of 2021 was filed seeking to amend prayers in CP(IB) No. 420/7/HDB/2018. The applicant sought to amend prayers related to future water supply bills, revision of previous invoices, and to prevent the respondent from levying additional penal charges. The original CP(IB) was admitted on 05.09.2019, and IA 770 of 2021 is also pending.

## Facts

Axis Bank, as a financial creditor/petitioner, initiated CP(IB) No.420/7/HDB/2018 against Lanco Amarkantak Power Limited, the corporate debtor. IA 515 of 2021 was filed by Saurabh Kumar Tikmani, the Resolution Professional of Lanco Amarkantak Power Ltd., seeking to amend the prayers in the captioned application. The amendments sought pertained to future water supply bills in accordance with a 16 MCM agreement, revision of previous water supply invoices raised by the Water Resource Department (respondent) since November 2019, and a direction to the respondent not to levy additional penal charges. The Water Resource Department is the respondent. The court noted that the amendments sought related to events subsequent to the filing of the original application and that the

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## Issues and analysis

### Issue 1: Whether the applicant can amend the prayers in the captioned application to include matters arising …

**Ratio:** An applicant cannot amend prayers to include matters arising after the initial filing of

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**Reasoning:** The court reasoned that allowing amendments for matters arising after the initial

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**Interpretation:** This interpretation clarifies that amendments must relate to the original cause

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**Application:** The court applied this principle to the facts, noting that the amendments

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## Parties

- **Judges:** TELAPROLU…; SH. CHARAN…
- **Appellants:** Saurabh Kumar…
- **Respondents:** Lanco Amarkantak…; Water Resource…

## Timeline

- **2019-09-05 — Admission of CP(IB)…**: The original Company Petition (CP(IB)…
- **2021-01-01 — Filing of IA 51…**: IA 515 of 2021 was filed seeking to amend the…

## 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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