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2023 Supreme(Online)(NCLT) 2404

NATIONAL COMPANY LAW TRIBUNAL
Mohammed Imtiyazuddin – Appellant
Versus
Greenscape Mega Resorts Private Limited – Respondent
IA(Companies.Act) - 157/2023



Advocates:
For the Petitioner:N. Lakshmidhar

S.No.15 IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH – 1 ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON

18-07-2023 AT 10:30 AM IA(CA) 157/2023 in CP No.184/241/HDB/2020 u/s. 241 of Companies Act, 2013 IN THE MATTER OF: Mohammed Imtiyazuddin …Petitioner VS M/s. Greenscape Mega Resorts Pvt Ltd & 16 others …Respondent C O R A M:-

DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)

SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)

O R D E R IA 157/2023 This is an application filed by the Company Petitioner under Rule

154 of the NCLT Rules for modifying the final order of this Tribunal dated 21.06.2023 contending that of a typographical error had crept in at Para 12 of the order, while describing the extent of land covered by document number 4722/26 as instead of mentioning the extent as Acres 47.05 it was typed as 47095 and also in relief v, as despite finding in para 84 of the order dated 21.06.2023 that the sale deeds bearing numbers 2193/2007 dated 31.03.2007 and 2162/2007 dated 28.03.2007 were fraudulent, collusive, oppressive and prejudicial to the interest of the first Respondent, in the relief v, while similarly found other documents numbers were mentioned, the document numbers of the above two documents were inadvertently omitted. Thus, submitting the Ld. Senior Counsel prayed for allowing the modification and for issuance of rectified copy of the final order.

2. Notice of serving a copy of this Application in advance on the Counsels through their e- mail dated 14.07.2023 also has been filed.

3. Learned PCS Ms. Devangi for the Respondent No.1, 5 & 6, Ld. Counsel Mr. Venkatarami Reddy for the Respondent No. 4, 23 to 27, Ld. PCS for the Respondent No. 12 and Ld. PCS Mr. Chidambaram for the Respondent No. 16 present and all these respective counsels have reported no objection. Rule 154 is reproduced hereunder:

“154. Rectification 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.

(2) An application under sub-Rule (1) may be made in Form No. NCLT 9 within two years from the date of the final order for rectification of the final order not being an interlocutory order. ”

4. Perused the order, while it is true that even while the two sale deeds bearing numbers 2193/2007 dated 31.03.2007 and 2162/2007 dated

28.03.2007 were held to be fraudulent, collusive acts, oppressive and prejudicial to the interest of the first Respondent, in the relief para v, these two document numbers were omitted which in nothing but an inadvertent act.

5. Likewise, the description of the extent of land which is admittedly Ac.47.05 vide the sale deed dated 12.09.2016. However, it was wrongly typed as 47.095. The same also a typographical error.

6. Therefore, by virtue of the power under Rule 154 of NCLT Rules, 2016, we are of the view that this amendment can be allowed. Order dated 21st June 2023, main order as well Attendance-cum-Order Sheet in CP No.184/241/HDB/2020 shall now is rectified as under:

Attendance-cum-Order Sheet:

Text appearing at In Attendance-cum- Order Sheet dated 21.06.2023 The text after rectification shall now read as
Pages 2 & 3 Para 1(v) (v) It is further held that the following documents relating to the property of the 1st respondent, namely, (a) agreement of sale-cum-GPA, bearing (v) It is further held that the following documents relating to the property of the 1st respondent, namely, (a) agreement of sale-cum-GPA, bearing Regd document
Regd document number 4722/2006 dated 09.09.2006, (b) the Sale deed bearing Regd document number 270/2008 dated 21.01.2008, (c) the Sale deed bearing Regd document number 261/2008 dated 22.01.2008, (d) the sale deed bearing Regd document number 269/2008 dated 22.01.2008, (e) Development Agreement-c

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