# In the matter of PVS Memorial Hospital Private Ltd. MA(IBC)-17 & 08-KOB-2022, MA(IBC)-13 & 35-KOB-2021 in TIBA-11-KOB-2019

> NCLT judgment dated 2023-02-10. Citation: TCN-2023-NCLT-04661. The case involves an application filed by the Monitoring Agent/Monitoring Committee of PVS…

- **Court:** NCLT
- **Order date:** 10 Feb 2023
- **Citation:** TCN-2023-NCLT-04661
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/pvs-memorial-hospital-private-ltd-maibc-17-08-kob-2022-maibc-13-35-kob-2021-in-t-6234c232

## Summary

### Background

The case involves an application filed by the Monitoring Agent/Monitoring Committee of PVS Memorial Hospital Private Limited seeking permission to pay Rs. 28,662 to the Kerala Water Authority (KWA) as final payment, as per the approved resolution plan. The CIRP was initiated against PVS Memorial Hospital Private Limited in TIBA/11/KOB/2019, and the resolution plan submitted by Lissie Medical Institution was approved. KWA had submitted a claim during the CIRP, part of which was provisionally admitted. However, the resolution plan did not include a provision for payment to KWA, leading to the current dispute. The applicant had previously filed M.A.No.35/KOB/2021 seeking directions to KWA to reinstate water supply, which was partly granted. The current application seeks

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## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against PVS Memorial Hospital Private Limited (Corporate Debtor) under TIBA/11/KOB/2019. The applicant was appointed as the Monitoring Agent. During the CIRP, Kerala Water Authority (KWA) submitted a claim of Rs. 16,10,79,287, which included water charges and penalties. The Resolution Professional (RP) rejected Rs. 15,90,71,726 of the claim due to lack of supporting documents, and provisionally admitted Rs. 20,07,561. The resolution plan, approved on 22.02.2021, did not include any provision for payment to KWA. An amount of Rs. 125,00,00,000 was distributed as per Section 53 of the IBC, and Rs. 1,00,00,000 was allocated for operational and unsecured financial creditors. The applicant filed

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority can recall its own order directing payment to the respondent …

**Ratio:** The Adjudicating Authority has the power to rectify mistakes apparent on the record under

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**Reasoning:** The Adjudicating Authority observed that the previous order directing payment to KWA was

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**Interpretation:** Section 420(2) of the Companies Act, 2013 allows the Tribunal to rectify any

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**Application:** In this case, the Adjudicating Authority found that its previous order

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## Parties

- **Judges:** P. Moha…; Satya Ranjan…
- **Appellants:** Bijoy P. P…
- **Respondents:** PVS Memorial…; Deputy Chief…

## Timeline

- **2019-01-01 — CIRP Init…**: CIRP initiated against PVS Memorial…
- **2019-10-16 — Order by Adjudicating…**: Order by the Adjudicating…

## 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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