# In the matter of MBL Infrastructures Ltd.

> NCLT judgment dated 2023-11-08. Citation: TCN-2023-NCLT-00831. Telecommunications Consultants India Limited (TCIL) filed an application seeking to set aside…

- **Court:** NCLT
- **Order date:** 8 Nov 2023
- **Citation:** TCN-2023-NCLT-00831
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mbl-infrastructures-ltd-c573d754

## Summary

### Background

Telecommunications Consultants India Limited (TCIL) filed an application seeking to set aside the resolution plan dated 29.06.2017 in respect of MBL Infrastructure India. The resolution plan was initially approved by the NCLT Kolkata, challenged by Bank of Baroda before the NCLAT, and subsequently before the Supreme Court. The Supreme Court held the resolution plan to be ineligible but refused to interfere with the approved resolution plan. TCIL argued that MBL did not disclose the ongoing insolvency proceedings in other arbitral proceedings, violating the IBC Code. TCIL also claimed that its claims arising from NHAI and HSRDC contracts were not adequately addressed in the resolution plan.

## Facts

On 03.06.2005, NHAI awarded a contract to TCIL-MBL-Joint Venture for widening and strengthening a section of National Highway 37 in Assam. On 27.12.2005, TCIL and MBL entered into a contract for package AS-3, with MBL as the sub-contractor. Madhya Pradesh Road Development Corporation Ltd. (MPRD) also awarded a contract to MBL. A tripartite agreement was entered into between TCIL, MBL, and M/s. SMH Infrastructure Pvt. Ltd. on 22.02.2008. On 21.08.2008, Haryana State Roads & Brides Development Corporation Ltd. (HSRDC) awarded work to TCIL for construction of houses. An agreement was entered into between TCIL and MBL on 17.09.2008 for MBL to execute the HSRDC work on a back-to-back basis. Arbitration was invoked in the NHAI Contract on 09.08.2013, with an award passed

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## Issues and analysis

### Issue 1: Whether the Tribunal can recall its own order approving the resolution plan, especially when the …

**Ratio:** A tribunal generally cannot recall its own order approving a resolution plan,

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**Reasoning:** The NCLT reasoned that recalling its own order would disrupt the progress made in

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**Interpretation:** This principle underscores the finality of judicial decisions and the need for

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**Application:** In this case, the NCLT applied this principle by refusing to recall its earlier

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## Parties

- **Judges:** BIDISHA BA…; ARVIND DEVA…
- **Appellants:** RBL Bank…
- **Respondents:** MBL Infrastructure…

## Timeline

- **2005-06-03 — NHAI Contract…**: NHAI awarded contract to…
- **2005-12-27 — TCIL and MBL…**: TCIL and MBL entered into a…

## 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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