# 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-05436. The Corporate Debtor, RKV Enterprises Private Limited, filed an application (IA No.…

- **Court:** NCLT
- **Order date:** 16 Jun 2023
- **Citation:** TCN-2023-NCLT-05436
- **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-2021-9557c844

## 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 the order dated 23.01.2023.

Investment Manager of L&T Infra Investment Partners (Financial Creditor) had filed Company Petition (IB)- 37/7/JPR/2021 against RKV Enterprises Private Limited 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 contended that the limitation period to file an appeal against the order had expired before they became aware of the order.

The order dated 23.01.2023, allowing IA No. 573/JPR/2022, was uploaded on the NCLT website on 24.01.2023.

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor's application for …

**Ratio:** The application is not

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**Reasoning:** The Corporate Debtor's ignorance in not checking the uploaded Daily Order cannot

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**Interpretation:** The NCLT emphasized the importance of parties being diligent in checking the

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**Application:** The principle of diligence is applied, holding the Corporate Debtor responsible

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## Parties

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

## Timeline

- **2023-01-23 — Order Da…**: Order passed allowing…
- **2023-01-24 — Order Upl…**: Order dated 23.01.2023…

## 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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