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2025 Supreme(Online)(NCLT) 763
NATIONAL COMPANY LAW TRIBUNAL
RAJEEV BHARDWAJ, SAJAY PURI, JJ
Venka Reddy Bathina VS
IA No.626 OF 2025 in CP(IB) No.102/10/HDB/2022
For the Appellants/Petitioners: Mr.Shaik Gouse, Mr.Mahadev Tirunagari
For the Respondents:
The Tribunal can rectify clerical errors in its orders under Rule 154 of NCLT Rules and confirm the closure of liquidation processes.
Headnote:The Tribunal exercised its power under Rule 154 of NCLT Rules to rectify clerical errors in the order dated 22.04.2025, allowing the closure of the liquidation process of the Corporate Debtor as it was sold as a Going Concern. The court confirmed that the liquidation process was completed as per IBC, 2016, and approved the dissolution of the Corporate Person, M/s. Kling Enterprises India Limited. The final decision established the Corporate Person's dissolution effective immediately and discharged the Liquidator from responsibilities.
| Table of Content |
|---|
| 1. typographical errors can be corrected by the tribunal. (Para 1) |
| 2. closure of liquidation process confirmed under ibc, 2016. (Para 2) |
| 3. corporate person dissolved and liquidator discharged. (Para 3) |
ORDER DATED 05.05.2025
1. It is brought to our notice vide memo dated 01.05.2025 filed by Mr. Shaik Gouse, Ld. PCS stating that certain typographical errors have occurred in the order passed on 22.04.2025.
2. These are typographical/clerical errors. In exercise of power under Rule 154 of NCLT Rules, the same can be corrected. Said Rule 154 read as under:
“154. Rectification of Order. - (1) Any clerical or arithmetical mistakes in any order of the Tribunal or error therein arising from any accidental slip or omission may, at any time, be corrected by the Tribunal on its own motion or on application of any party by way of rectification”
3. Accordingly, Errors are corrected as under:
| For | Read |
| Para No.12 of the order: Therefore, the present application is filed before this Hon'ble Tribunal to seek orders for dissolution of the Corporate Debtor under Section 54 of the Code as the affairs of the Corporate Debtor have been completely wound up and its assets have been completely liquidated. | T herefore, the present application is filed before this Hon'ble Tribunal to seek orders for closure of the liquidation process of the Corporate Debtor as the Corporate Debtor is sold as a Going Concern under Regulation 45(3)(a) of the IBBI (Liquidation Process) Regulations 2016. |
| Para No. 14 of the order: We are satisfied that the liquidation process is completed as per the procedure laid-down under IBC, 2016 and hence the dissolution as requested by the Liquidator is allowed and the Corporate Debtor shall stand dissolved. | We are satisfied that the liquidation process is completed as per the procedure laid-down under IBC, 2016 and hence the closure of the liquidation process as requested by the Liquidator is allowed as the Corporate Debtor is sold as a Going Concern under Regulation 32(e) read with Regulation 45(3)(a) of the IBBI (Liquidation Process) Regulations 2016. |
Para No.15(a) of the order: In the result, the Petition is allowed and Corporate Person shall stand dissolved from the date of this order. In exercise of the powers conferred on the Adjudicating Authority under Section 59 (7) of the Code, we hereby allow the ( Company Petition with the following directions: a) The Corporate Person, M/s.Kling Enterprises India Limited is hereby dissolved, with immediate effect and discharge the Liquidator from his responsi- bilities. | I n the result, the Application is allowed and the Liquidation Process is closed as the Corporate Person is sold as a Going Concern under Regulation 45(3)(a) of the IBBI (Liquidation Process) Regulations 2016 from the date of this Order. In exercise of the ( powers conferred on the Adjudicating Authority under under Regulation 45(3)(a) of the IBBI (Liquidation Process) Regulations 2016, we hereby allow the Company Petition with the following directions: a) The Liquidation process of the M/s.Kling Corporate Person, Enterprises India Limited is hereby closed as the Corporate Person is sold as a Going Concern under Regulation 32(e) read with Regulation 45(3)(a) of the IBBI (Liquidation Process) Regulations 2016, with immediate effect and discharge the Liquidator from his responsibilities. |
3. Rest of the contents of the order remain the same. This corrigendum order to be read along with the original order dated 22.04.2025.
