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2023 Supreme(Online)(NCLAT) 1639
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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
I.A. No. 5262 of 2023 in
Company Appeal (AT) (Ins) No. 960 of 2023
IN THE MATTER OF:
CFM Asset Reconstruction Pvt. Ltd.
….Appellant
Vs.
S S Natural Resources Pvt. Ltd.
….Respondent
Present:
For Appellant: Mr. Krishnendu Datta, Sr. Advocate, Mr. Deepanjan
Dutta Roy, Mr. Prithviraj Oberoi, Advocates.
For Respondent:
Mr. Deep Roy, Mr. Rony John, Mr. Piyush Swami,
and Mr. Dhaval Savla, Advocates for R-2, 3.
(HYBRID MODE)
08.12.2023:
I.A. No. 5262 of 2023:- This application has been filed by
Respondent No. 3 /Resolution Professional seeking modification in Paragraphs
4, 28, 30 (i) of the final Judgment dated 20.10.2023 in Comp. App. (AT) (Ins.)
No. 960 of 2023. In Paragraph xii of the application following prayers have
been made:-
“(a) The amount of INR 248,02,09,427/- may be modified
to 2,63,53,60,652/-
(b) The date till the interest of INR 14,94,28,383 on the
principal balance payable to the Appellant that has been
recorded as "10th July 2024" may be modified to
“10th July 2023".
(c) The stipulation that the amounts kept as Future
Litigation Fund shall be paid by the Successful Resolution
Applicant, should be deleted.”
2.
Learned Counsel for the Appellant Mr. Krishnendu Datta submits that
appellant has no objection for modification as prayed in Prayer (a) & (b).
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3.
In view of the above, we allow the application and amount of INR
248,02,09,427/- is modified as 2,63,53,60,652/- and the date as mentioned in
Prayer (b) is modified as 10.07.2023. In so far as, prayer made in Prayer (c)
Mr. Krishnendu Datta is right in his submission that the said prayer seeks in
fact modification/review of the Judgment, as contained in Paragraph 26 of the
Judgment.
4.
We are of the view that directions and conclusions of Paragraph 26 are
compete and does not require any modification or clarification.
5.
Learned Counsel for the appellant has submitted that Prayers (a) & (b),
as noted above should be allowed since it is only a clerical mistake and error in
the figures as contained in the Judgment.
6.
We make it clear that above correction is made in the Judgment which
has already been delivered by us and apprehension of the appellant that said
correction may prejudice their rights and contentions in appeal filed before the
Supreme Court, is without any basis.
7.
We dispose of I.A. No. 5262 of 2023 accordingly.
[Justice Ashok Bhushan]
Chairperson
[Mr. Barun Mitra]
Member (Technical)
sa/nn
I.A. No. 5262 of 2023 in
Company Appeal (AT) (Ins) No. 960 of 2023
