# In the matter of RKV Enterprises Private Limited IA No. 220-JPR-2023 in CP No. (IB)- 37-7-JPR-2021

> NCLT judgment dated 2023-06-16. Citation: TCN-2023-NCLT-05437. The Corporate Debtor, RKV Enterprises Private Limited, filed an application (IA No.…

- **Court:** NCLT
- **Order date:** 16 Jun 2023
- **Citation:** TCN-2023-NCLT-05437
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-jaipur/rkv-enterprises-private-limited-ia-no-220-jpr-2023-in-cp-no-ib-37-7-jpr-2021-1f104057

## Summary

### Background

The Corporate Debtor, RKV Enterprises Private Limited, filed an application (IA No. 220/JPR/2023) seeking the recalling, modification, or clarification of an order dated 23.01.2023.

## Facts

RKV Enterprises Private Limited (Corporate Debtor) filed IA No. 220/JPR/2023 seeking recalling of order dated 23.01.2023.

M/S Investment Manager of L&T Infra Investment Partners (Financial Creditor) had filed Company Petition (IB)- 37/7/JPR/2021 against the Corporate Debtor seeking CIRP u/s 7 of the Code.

The Corporate Debtor claimed the order dated 23.01.2023 was not pronounced in open court and they were not intimated.

The Corporate Debtor came to know about the order on 13.03.2023 while preparing for a matter listed on 14.03.2023.

The application for recalling the order was filed on 17.04.2023, almost a month after the Corporate Debtor came to know about it.

The order dated 23.01.2023 was uploaded on the website of NCLT on 24.01.2023.

## Issues and analysis

### Issue 1: Whether the application for recalling the …

**Ratio:** The application is not maintainable if the Corporate Debtor had knowledge of the order

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**Reasoning:** The Corporate Debtor had access to the Daily Orders and should have been aware of the

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**Interpretation:** The NCLT interpreted that the Corporate Debtor's failure to check the Daily

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**Application:** The NCLT applied this interpretation to dismiss the application for recalling

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## Parties

- **Judges:** Deep Chandr…; ATUL CHAT…
- **Appellants:** Investment…
- **Respondents:** RKV Enterprises…; M/S Investment…
- **Advocates:** Javed…; Mohit S…; +1 more

## Timeline

- **2023-01-23 — Order Da…**: Order passed by the Adjudicating Authority which allowed the Interlocutory Application IA…
- **2023-01-24 — Order Upl…**: Daily order dated 23.01.2023 allowing the IA No. 573/JPR/2022 was uploaded on the website…

## 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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