# In the matter of RDH Technologies Private Limited IA(IB) 474-KB-2022 in CP(IB)1671-KB-2018

> NCLT judgment dated 2022-05-25. Citation: TCN-2022-NCLT-02597. The case involves an application by the Liquidator seeking leave from the Adjudicating…

- **Court:** NCLT
- **Order date:** 25 May 2022
- **Citation:** TCN-2022-NCLT-02597
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rdh-technologies-private-limited-iaib-474-kb-2022-in-cpib1671-kb-2018-7bfaf0d7

## Summary

### Background

The case involves an application by the Liquidator seeking leave from the Adjudicating Authority to challenge an arbitration award. The liquidator learned about the arbitral award passed between Eskay Enclave Private Limited and the Corporate Debtor when a claim was lodged with the liquidator. The liquidator, after consulting with his legal advisor, believes there is a good basis for challenging the award. The time for challenging the arbitral award has expired, and the Liquidator seeks to take recourse to the order dated 10th January, 2022, in Suo Moto Writ proceedings, excluding the period of limitation falling between 15.03.2020 and 28.02.2022, and further requesting for extending period, in respect of any legal proceeding for a further period of 90 days starting

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## Facts

The Liquidator of RDH Technologies Private Limited filed an application seeking leave from the Adjudicating Authority to challenge an arbitral award. The Liquidator discovered the award, which was passed in arbitration proceedings between Eskay Enclave Private Limited and RDH Technologies, when a claim was lodged. The Liquidator believes there are grounds to challenge the award. The limitation period for challenging the award has expired. The Liquidator is relying on a Supreme Court order in Suo Moto Writ proceedings to extend the limitation period, specifically excluding the period from 15.03.2020 to 28.02.2022, and requesting a further extension of 90 days from 01.03.2022. The extended limitation period expires on 30.05.2022.

## Issues and analysis

### Issue 1: Whether the Liquidator should be granted leave to challenge the arbitral award despite the …

**Ratio:** The court has the discretion to grant leave to file applications/petitions under section

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**Reasoning:** The court considered the reasons presented by the Liquidator, including the reliance on

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**Interpretation:** This involves interpreting the provisions of Section 34 of the Arbitration and

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**Application:** The court applied its discretion to grant leave to the Liquidator, considering

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Respondents:** RDH Technologies…; Oriental Bank of…
- **Advocates:** Urmila Chak…; Nimisha A…

## Timeline

- **2019-07-10 — Arbitration Aw…**: The impugned arbitration…
- **2020-03-15 — Start of Limitation…**: The period of limitation falling between 15.03.2020 and 28.02.2022 was excluded due to…

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