# In the matter of RDH Technologies Private Limited IA(IB) 473-KB-2022 in CP(IB)1671-KB-2018

> NCLT judgment dated 2022-05-25. Citation: TCN-2022-NCLT-02603. The case involves an application filed by the Liquidator of RDH Technologies Private Limited,…

- **Court:** NCLT
- **Order date:** 25 May 2022
- **Citation:** TCN-2022-NCLT-02603
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rdh-technologies-private-limited-iaib-473-kb-2022-in-cpib1671-kb-2018-f9cfbf28

## Summary

### Background

The case involves an application filed by the Liquidator of RDH Technologies Private Limited, seeking leave from the Adjudicating Authority (NCLT Kolkata Bench) to challenge an impugned arbitration award. The liquidator learned about the award, which was passed in arbitration proceedings between Yuthika Trading Company Private Limited and RDH Technologies, when a claim was lodged with the liquidator. The liquidator believes there are grounds to challenge the award. The time for challenging the award has expired, and the liquidator seeks to take recourse to the Supreme Court's order in Suo Moto Writ proceedings to exclude the period of limitation.

## Facts

RDH Technologies Private Limited is undergoing liquidation. An arbitration award was passed between Yuthika Trading Company Private Limited and RDH Technologies Private Limited. The liquidator of RDH Technologies Private Limited learned about the arbitration award when Yuthika Trading Company Private Limited lodged a claim. The liquidator, after consulting with a legal advisor, believes there are grounds to challenge the award. The limitation period for challenging the award has expired. The liquidator seeks to utilize the Supreme Court's order in Suo Moto Writ proceedings to exclude certain periods from the limitation calculation. The liquidator filed an application seeking leave from the NCLT to challenge the arbitration award under section 34 of the Arbitration and

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## Issues and analysis

### Issue 1: Whether the Liquidator should be granted leave to file an application/petition challenging the …

**Ratio:** The court has the discretion to grant leave to file an application/petition even if the

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**Reasoning:** The court considered the reasons provided by the liquidator, including the fact that the

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**Interpretation:** Section 34 of the Arbitration and Conciliation Act, 1996 allows for challenging

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**Application:** The court applied the principle of discretionary power to grant leave,

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Respondents:** RDH Technologies…; Oriental Bank of…

## Timeline

- **2019-08-14 — Arbitration Aw…**: Impugned arbitration…
- **2022-01-10 — Suo Moto Wri…**: Liquidator seeks recourse to order dated 10th…

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