# In the matter of S Elangovan & Anr

> NCLT judgment dated 2022-02-21. Citation: TCN-2022-NCLT-04046. The case involves an application (IA/149/CHE/2022) filed by the Applicant/Creditor under Rule…

- **Court:** NCLT
- **Order date:** 21 Feb 2022
- **Citation:** TCN-2022-NCLT-04046
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/s-elangovan-anr-a67ac700

## Summary

### Background

The case involves an application (IA/149/CHE/2022) filed by the Applicant/Creditor 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 initial order appointed Mr. AmierHamsa Ali Abbas Rawther as the Resolution Professional. The applicant contends that there was an error in the initial application, specifically in Part-IV of Form-C, where the details were filled as if the application was filed through the Insolvency Professional, whereas it was filed by the Creditor. The applicant also brought to the Tribunal's notice Regulation 4(1) of the IBBI regulations concerning the eligibility of resolution professionals.

## Facts

S.Elangovan & Anr filed a main petition CP(IB)/81(CHE)/2021. An application IA/149/CHE/2022 was filed by the Applicant/Creditor 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 initial order appointed Mr. AmierHamsa Ali Abbas Rawther as the Resolution Professional. The applicant contends that there was an error in the initial application, specifically in Part-IV of Form-C, where the details were filled as if the application was filed through the Insolvency Professional, whereas it was filed by the Creditor. The applicant also brought to the Tribunal's notice Regulation 4(1) of the IBBI regulations concerning the eligibility of resolution

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## Issues and analysis

### Issue 1: Whether the Tribunal can rectify an order under Rule 154 of the NCLT Rules, 2016, to correct an …

**Ratio:** Rule 154 of NCLT Rules, 2016 empowers the Tribunal to correct its order on its own motion

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

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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. Elan…

## Timeline

- **2022-02-04 — Initial…**: An order was passed appointing Mr. AmierHamsa Ali Abbas Rawther as the Resolution…
- **2022-02-21 — Hearing…**: Hearing of Chennai Bench of National Company Law…

## 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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