# In the matter of Manor Floatel Limited

> NCLT judgment dated 2024-08-12. Citation: TCN-2024-NCLT-00838. The Board of Trustees for Shyama Prasad Mookherjee Port, Kolkata (KoPT) filed an application…

- **Court:** NCLT
- **Order date:** 12 Aug 2024
- **Citation:** TCN-2024-NCLT-00838
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/manor-floatel-limited-53035f2a

## Summary

### Background

The Board of Trustees for Shyama Prasad Mookherjee Port, Kolkata (KoPT) filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking recall and modification of a prior order related to the resolution plan of Manor Floatel Limited (Corporate Debtor). KoPT, being the licensee of the land and water space occupied by Manor Floatel, initiated eviction proceedings due to unpaid license fees and unauthorized constructions. During the pendency of these proceedings, the Corporate Debtor filed a writ petition challenging the enhanced occupational charges demanded by KoPT. The High Court directed the Corporate Debtor to pay occupational charges subject to determination by the Estate Office. Subsequently, the Corporate Debtor was admitted into the

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## Facts

Manor Floatel Ltd (Corporate Debtor) was a licensee of Kolkata Port Trust (KoPT) for land and water space. Due to defaults in license fees and unauthorized constructions, KoPT initiated eviction proceedings in 2005. The Corporate Debtor challenged enhanced occupational charges demanded by KoPT through a writ petition in 2012, and the High Court directed payment of Rs. 14,34,954/- per month subject to determination by the Estate Office. In January 2018, the Corporate Debtor was admitted into CIRP under Section 7 of the IBC. Brighter Side Renewable Energy Ventures Private Limited's resolution plan was approved on October 30, 2018. KoPT filed an application in 2021 seeking recall and modification of the approval order, contesting waivers and exemptions in the resolution

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## Issues and analysis

### Issue 1: Whether the Tribunal can recall its order passed …

**Ratio:** The power to review is not conferred upon this Tribunal but power to recall its judgment

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**Reasoning:** The NCLT relied on several judgments, including Union Bank of India v. Dinakar T.

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**Interpretation:** The power to recall a judgment is an inherent power of the Tribunal, distinct

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**Application:** In this case, the NCLT found no procedural error or fraud in the original order

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## Parties

- **Judges:** BIDISHA BA…; SHRI. D.A…
- **Appellants:** BOARD OF TRUSTEES…
- **Respondents:** MANOR FLOATEL…; BRIGHTER SIDE…
- **Advocates:** Jishnu…; Snehashi…; +4 more

## Timeline

- **2005-01-01 — Eviction Proceedings…**: KoPT initiated eviction proceedings against Manor Floatel Ltd due to unpaid license fees…
- **2012-07-01 — Writ Petitio…**: Manor Floatel Ltd filed a writ petition challenging the enhanced occupational charges…

## 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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