# In the matter of RDH Technologies Private Limited IA(IB) 475-KB-2022 in CP(IB)1671-KB-2018

> NCLT judgment dated 2022-05-25. Citation: TCN-2022-NCLT-02594. The case involves an application by the Liquidator of RDH Technologies Private Limited, seeking…

- **Court:** NCLT
- **Order date:** 25 May 2022
- **Citation:** TCN-2022-NCLT-02594
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rdh-technologies-private-limited-iaib-475-kb-2022-in-cpib1671-kb-2018-9f45b09d

## Summary

### Background

The case involves an application by the Liquidator of RDH Technologies Private Limited, seeking leave from the Adjudicating Authority to challenge an arbitration award dated 2018-05-05. The liquidator learned of the award during claim lodgement and believes there are grounds to challenge it. The limitation period for challenging the award has expired, prompting the liquidator to seek recourse under the Supreme Court's Suo Moto Writ proceedings to extend the limitation period.

## Facts

The Liquidator of RDH Technologies Private Limited filed an application seeking leave from the Adjudicating Authority to challenge an arbitration award dated 2018-05-05. The liquidator discovered the award during the claim lodgement process and believes there are valid grounds for challenging it. The standard limitation period for challenging the award has expired. The Liquidator seeks to utilize the Supreme Court's Suo Moto Writ proceedings to extend the limitation period, specifically referencing SMW (C) No. 3 of 2020. The liquidator requests the exclusion of the period between 2020-03-15 and 2022-02-28, and a further extension of 90 days from 2022-03-01. The arbitration proceedings were between Swarna Technology Private Limited and the Corporate Debtor, RDH

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## Issues and analysis

### Issue 1: Whether the Liquidator should be granted leave to challenge the arbitration 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 provided by the liquidator for the delay and the fact

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**Interpretation:** The interpretation of Section 34 of the Arbitration and Conciliation Act, 1996,

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**Application:** The court applied the ratio by considering the specific facts of the case,

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## Parties

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

## Timeline

- **2018-05-05 — Arbitration Aw…**: Date of the impugned arbitration award between Swarna Technology Private Limited and RDH…
- **2020-03-15 — Start of Suo Moto Writ…**: Beginning of the period excluded from limitation under the Supreme Court's Suo Moto Writ…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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