# 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-04653. 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-04653
- **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-aeda0b08

## 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 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 applicant was appointed as IRP and later as RP. The resolution plan submitted by Lissie Medical Institution for Rs. 126,00,00,000 was approved. During the CIRP, Kerala Water Authority submitted a claim of Rs. 16,10,79,287, but only Rs. 20,07,561 was provisionally admitted, which was not included in the resolution plan. The applicant filed M.A.No.35/KOB/2021 seeking direction to Kerala Water Authority to reinstate water supply,

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## Facts

The CIRP was initiated against PVS Memorial Hospital Private Limited. The applicant was appointed as IRP and later as RP. Kerala Water Authority submitted a claim of Rs. 16,10,79,287, but only Rs. 20,07,561 was provisionally admitted. The resolution plan submitted by Lissie Medical Institution for Rs. 126,00,00,000 was approved on 22.02.2021. The resolution plan did not include any provision for payment to the Kerala Water Authority. The applicant filed M.A.No.35/KOB/2021 seeking direction to Kerala Water Authority to reinstate water supply. The Adjudicating Authority directed the Monitoring Agent to release Rs. 20,07,561 to the Kerala Water Authority. The applicant then filed the current application seeking permission to pay Rs. 28,662 as final payment, arguing that

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority can recall its earlier order dated 24.02.2022 passed in …

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

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**Reasoning:** The Adjudicating Authority reasoned that the direction to release payment to the Kerala

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**Interpretation:** Section 420(2) of the Companies Act 2013 and Rule 154 of NCLT Rules 2016 are

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**Application:** The ratio was applied to the facts by recognizing that the direction to pay Rs.

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## Parties

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

## Timeline

- **2019-10-16 — CIRP Init…**: CIRP initiated against PVS Memorial Hospital Private Limited via order of the…
- **2021-02-22 — Resolution Plan…**: Resolution plan submitted by M/s Lissie Medical Institution approved 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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