ORDER

(Hybrid Mode)

1.13.04.2026: This appeal has been filed against an order dated 21.07.2025 passed by the National Company Law Tribunal, New Delhi, Court-IV by which I.A. No. 3486/ND/2025 filed by the appellant, the Liquidator of the CD seeking rectification in the order dated 06.06.2025 has been rejected. The appellant’s case is that on 06.06.2025 I.A. No. 5352/ND/2024 and I.A. No. 788/ND/2024 was listed and applicant sought permission to withdraw I.A. No. 5352/ND/2024 which was recorded, however, in the I.A. No. 788/ND/2024 Adjudicating Authority has also directed for withdrawal of the application. Appellant immediately filed an I.A. No. 3486 of 2025 praying for rectification of the order 06.06.2025. The case of the applicant in the application was that in paragraph 4 & 5 which are as follows:

“4. That the Applicant during the course of hearing had withdrawn the application bearing I.A. No. 5352/ND/2024 as the said application had become infructuous. However, for I.A. No. 788/ND/2024 the matter was adjourned for 02.07.2025 along with other matters.

5. That the order dated 06.06.2025 was uploaded on the website of NCLT on 09.06.2025, wherein pursuant to an clerical error it was erroneously recorded that I.A. No. 788/ND/2024 has also been withdrawn, which is factually incorrect and contrary to the proceedings that took place before this Hon’ble Tribunal on 06.06.2025.”

2. The application has been rejected by the Adjudicating Authority observing that there is no clerical error in the order. Present is a not a case of any clerical error which was not being contended by the appellant, rather Liquidator has come up with the case that he never withdrew the application i.e. I.A. No. 788/ND/2024 which was an application filed under Section 66 of IBC. When the Liquidator has come with the case that he has not withdrawn, Adjudicating Authority ought to have considered the said prayer in the application and paragraph 4 & 5. Liquidator has given his version what transpired in the court. Adjudicating Authority without adverting to the explanation given by the Liquidator in paragraph 4 & 5 has rejected the application holding that there is no clerical error.

3. Ld. Counsel for the respondents submits that Adjudicating Authority has observed in the order twice that the application was withdrawn by the Liquidator. The Liquidator has come with an application supported by an affidavit that the Liquidator has never withdrawn I.A. No. 788/ND/2024 and the said I.A was required to be heard and consider afresh.

4. In view of the aforesaid, we allow the appeal and set aside the impugned order in I.A. No. 3486/ND/2025. I.A. No. 3486/ND/2025 is allowed. Order dated 06.06.2025 is rectified deleting the order of the Adjudicating Authority permitting withdrawal of I.A. No. 788/ND/2024, in result I.A. No. 788/ND/2024, is revived for afresh consideration in accordance with law. The appeal is disposed of accordingly.