The recall of an order can only be invoked under specific procedural errors and not for relitigating merits.

ORDER

1. The present application is filed by Mr. Naren Seth, Liquidator of M/s.

Aster Private Limited (herein after referred as ‘Applicant’) under Rule 11 of National Company Law Tribunal Rules , 2016, against the Rajasthan Rajya Vidyuth Prasaran Nigam. Ltd (herein after referred as ‘Respondent’ inter alia, seeking for a relief seeking to recall and further waive off the cost imposed in the order dated 29.11.2024 and expunge the remarks made against the Liquidator in the Order dated 29.11.2024 in IA (IBC) 1689 in CP (IB) NO. 199/7/HDB/2019.

Brief background of the case:

2. This Tribunal, vide order dated 19.11.2019, on an application filed by IDBI Bank Limited under Section 7 of the Insolvency and Bankruptcy Code , 2016, M/s. Aster Private Limited (hereinafter referred to as “the Corporate Debtor”) was admitted into the Corporate Insolvency Resolution Process (CIRP). Subsequently, on an application preferred by the Committee of Creditors, this Tribunal, vide order dated 22.09.2021, initiated liquidation proceedings against the Corporate Debtor and appointed the Applicant herein as the Liquidator.

3. During the course of the liquidation process, the Respondent filed an application IA (IBC) 1689 of 2024 seeking to direct the Applicant herein to verify and process the Claim submitted by the Respondent. This Tribunal, vide order dated 29.11.2024, directed the Applicant/Liquidator to verify and process the claim within one week. Considering the perceived dereliction of duty on the part of the Liquidator, the Tribunal further directed the Liquidator to deposit a sum of Rs.25,000/- with the Prime Minister’s Relief Fund within 10 days from the date of the order.

4. Hence, the present application with an unconditional apology was filed and seeking recall of the order imposing costs, the present application has been placed before us for consideration.

Case of the Applicant:

5. The Applicant submits that, upon commencement of liquidation, the Respondent was duly informed of the liquidation order and was requested to submit its claim. In response, the Respondent submitted a tentative claim of Rs.104.03 Crores on 22.10.2021, without enclosing complete supporting documents necessary for verification.

6. It is submitted that shortly thereafter, liquidation proceedings were stayed by the Hon’ble NCLAT vide order dated 28.10.2021, which stay continued till 23.02.2023. After the stay was vacated, the Applicant, vide email dated 18.04.2023, sought further clarifications and documents from the Respondent. It is submitted that only on 21.06.2024 did the Respondent submit a revised claim for Rs.523.35 Crores, reflecting a substantial escalation from the earlier tentative claim

7. The Applicant submits that in view of the significant increase in the claim amount, an email dated 15.10.2024 was addressed to the Respondent seeking detailed explanations and documentary substantiation, including reconciliation statements, outstanding receivables, liquidated damages, retention money, bank guarantee invocations, and other relevant particulars, in accordance with Regulation 17 of the Liquidation Regulations.

8. It is further submitted that despite repeated communications, the Respondent failed to adequately address the discrepancies or furnish complete supporting documentation, and the Applicant had called upon the Respondent to furnish the same within the stipulated time.

9. The Applicant submits that in IA (IBC) No.1689 of 2024, this Tribunal