# In the matter of S. A. Premkumar & Anr, CP (IB) No. 80/Che/2021

> NCLT judgment dated 2022-02-21. Citation: TCN-2022-NCLT-04045. The case involves an application (IA/148/CHE/2022) filed under Rule 154 of NCLT Rules, 2016,…

- **Court:** NCLT
- **Order date:** 21 Feb 2022
- **Citation:** TCN-2022-NCLT-04045
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/s-a-premkumar-anr-cp-ib-no-80che2021-05db68a7

## Summary

### Background

The case involves an application (IA/148/CHE/2022) filed under Rule 154 of NCLT Rules, 2016, read with Rule 11 of NCLT Rules, 2016, and Section 98(1) of the IBC, 2016, seeking rectification of an earlier order dated 04.02.2022. The applicant sought to rectify the order to appoint Mr. G. Ramachandran as the Resolution Professional instead of Mr. AmierHamsa Ali Abbas Rawther. The issue arose because the applicant/creditor inadvertently filled in the name of the Insolvency Professional in Part IV of Form-C, which is only required when the application is filed through the Insolvency Professional, not the creditor.

## Facts

The applicant filed an application seeking to rectify an order dated 04.02.2022, which appointed Mr. AmierHamsa Ali Abbas Rawther as the Resolution Professional. The applicant claimed that the appointment was based on an error in filling Form-C, where the applicant inadvertently indicated that the application was filed through an Insolvency Professional, when it was actually filed by the Creditor. The Senior Counsel for the Applicant brought to the Tribunal's notice Regulation 4(1) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtor) Regulations, 2019, which states that an Interim Resolution Professional appointed for the Corporate Debtor cannot act as an Insolvency Professional for the Personal

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## Issues and analysis

### Issue 1: Whether the Tribunal can rectify an order containing an error arising from an accidental slip or …

**Ratio:** Rule 154 of NCLT Rules, 2016 empowers the Tribunal to correct any clerical or

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**Reasoning:** The Tribunal noted that the applicant had averred that the Creditor inadvertently filled

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**Interpretation:** Rule 154 provides a mechanism for the Tribunal to correct errors in its orders

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**Application:** The Tribunal applied Rule 154 to rectify the error in the order dated

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## Parties

- **Judges:** R. Sucha…; SAMEER…
- **Appellants:** S.A Prem…
- **Advocates:** P.H. Arvind…; Kumarpal R…; +1 more

## Timeline

- **2022-02-04 — Order Da…**: Order passed by the Tribunal appointing Mr. AmierHamsa Ali Abbas Rawther as the…
- **2022-02-21 — Hearing…**: Hearing of IA/148/CHE/202…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95 — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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