# In the matter of Committee of Creditors of Amtek Auto Limited Vs. Dinkar T. Venkatsubramanian & Ors. Civil Appeal No. 6707 of 2019

> SC judgment dated 2019-12-02. Citation: TCN-2019-SC-00007. The case involves a civil appeal in the Supreme Court of India regarding the insolvency resolution…

- **Court:** SC
- **Order date:** 2 Dec 2019
- **Citation:** TCN-2019-SC-00007
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/committee-of-creditors-of-amtek-auto-limited-vs-dinkar-t-venkatsubramanian-ors-c-5c9205c9

## Summary

### Background

The case involves a civil appeal in the Supreme Court of India regarding the insolvency resolution of Amtek Auto Limited. The court initially ordered the invitation of fresh offers by the Resolution Professional within 21 days. Subsequently, the matter was taken up again, and an order was passed confining consideration to five offers received within the specified time frame. However, it was later brought to the court's attention that the information provided was inaccurate, as only one offer was received within the stipulated time.

## Facts

The Committee of Creditors of Amtek Auto Limited filed a civil appeal in the Supreme Court. The court initially ordered the invitation of fresh offers by the Resolution Professional within 21 days. Later, the court confined consideration to five offers received within the specified time. However, it was revealed that only one offer was received within the stipulated time, contrary to the information presented to the court. This discrepancy prompted the court to recall part of its previous order and direct the invitation of fresh offers within 30 days, extending the deadline.

## Issues and analysis

### Issue 1: Whether the court's initial order, based on the understanding that five offers were received within …

**Ratio:** A court has the inherent power to recall or modify its orders if they are based on

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**Reasoning:** The court reasoned that its initial order was predicated on the understanding that five

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**Interpretation:** This legal issue highlights the court's power to correct its own errors when it

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**Application:** In this specific case, the ratio was applied by recalling the portion of the

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## Parties

- **Judges:** Arun Mi…; SANJIV K…
- **Appellants:** COMMITTEE OF…
- **Respondents:** Amtek Auto…; Dinkar T.…
- **Advocates:** Mish…; Siddhant…; +10 more

## Timeline

- **2019-09-24 — Initial…**: The Court ordered the invitation of fresh offers by the Resolution Professional within 21…
- **2019-11-13 — Subsequent…**: The matter was taken up, and the Court confined consideration to five offers received…

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