# In the matter of Printland Digital (India) Pvt. Ltd. I.A. 5064-ND-2021 in C.P. No. IB 1105-ND-2020

> NCLT judgment dated 2022-03-10. Citation: TCN-2022-NCLT-03816. The case involves an application (I.A. 5064/ND/2021) filed on behalf of the respondent seeking…

- **Court:** NCLT
- **Order date:** 10 Mar 2022
- **Citation:** TCN-2022-NCLT-03816
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/printland-digital-india-pvt-ltd-ia-5064-nd-2021-in-cp-no-ib-1105-nd-2020-805846d1

## Summary

### Background

The case involves an application (I.A. 5064/ND/2021) filed on behalf of the respondent seeking a review of an order dated 22.07.2021 and to grant an opportunity to the applicant/respondent to file a reply in the main IB case (IB/1105/ND/2020). The operational creditor, Smt. Nirmal Kumari Kapoor, is alleged to have colluded with Mr. Kapil Kapoor, leading to the initiation of proceedings on a fraudulent basis. The respondent claims inability to fetch documents due to this collusion and cites a trip to U.P. during the Covid wave and subsequent restrictions as reasons for not filing a timely reply. The applicant's counsel argued that the Tribunal has the power to recall its order as it was based on procedural aspects, not the merits of the case. The petitioner's counsel

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## Facts

Printland Digital (India) Pvt. Ltd. filed an application against Nirmal Trading Company, the corporate debtor. The respondent sought a review of the order dated 22.07.2021. The operational creditor, Smt. Nirmal Kumari Kapoor, is alleged to have colluded with Mr. Kapil Kapoor, leading to the initiation of proceedings on a fraudulent basis. The respondent claimed inability to fetch documents due to this collusion and cited a trip to U.P. during the Covid wave and subsequent restrictions as reasons for not filing a timely reply. The respondent appeared on 04.02.2021, and the matter was adjourned to 25.03.2021, when the respondent was directed to file a reply within two weeks. The respondent failed to appear or file a reply on 25.03.2021. The matter was fixed for

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## Issues and analysis

### Issue 1: Whether the Tribunal has the power to review or recall its own order, specifically concerning …

**Ratio:** The NCLAT, New Delhi, has held that recalling a judgment is impermissible in law and the

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**Reasoning:** The Tribunal reasoned that it is bound by the NCLAT's ruling and lacks jurisdiction to

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**Interpretation:** The interpretation of the law is that the Tribunal's power to review its own

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**Application:** The Tribunal applied this principle to the present case, noting that the order

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## Parties

- **Judges:** DHARMINDER…; SUMITA PURK…; +1 more
- **Appellants:** Printland Digital…
- **Respondents:** Nirmal Trading…

## Timeline

- **2021-02-04 — Respondent Ap…**: The respondent appeared…
- **2021-03-25 — Adjournment and Reply…**: The matter was adjourned, and the respondent was directed to file a reply within two…

## 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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