Court Records Can’t Be Disputed Without Filing Correction Application: NCLAT Delhi
The National Company Law Appellate Tribunal (NCLAT) New Delhi bench of Justice Rakesh Kumar Jain (Judicial Member) & Barun Mitra (Technical Member), dismissed an appeal challenging the National Company Law Tribunal’s refusal to accept a reply filed after the closure of arguments. The Tribunal held that the record of the Court is correct until and unless an application is made to the same Court for any correction in case, there is any error.
Background Facts:
An application was filed in the NCLT by the respondents for constitution of the Committee of Creditors. Thereafter, on 2nd May, 2025, after hearing the arguments, the NCLT directed all the parties to file written submissions within ten days. The matter was listed next for 19th May, 2025, and further for 4th June 2025.
Despite the closure of arguments, the appellants filed an interlocutory application under Rules 11 and 15 of the NCLT Rules, seeking permission to submit a reply. However, NCLT rejected the application on the ground that no further pleadings could be entertained once arguments are concluded.
Aggrieved by the decision of NCLT, the Appellant filed an appeal before the NCLAT.
Contentions:
The appellant contended that even though the NCLT had granted permission to file written submissions, it would be meaningless to submit written submissions without filing a proper reply.
In response, the respondents submitted that, the NCLT had already closed arguments on 2nd May, and it was only permitted to file written submissions. They further contended that the NCLT’s order on 15th May 2025, had recorded appearance of appellants, however, at that stage, no reply was filed.
Replying to the above contention, the Appellant submitted that there was no representation on behalf of them and their appearance was wrongly recorded.
Findings:
The Supreme Court in the case of State of Maharashtra vs Ramdas Shrinivas Nayak & Anr, 1982 held that “the record of the Court is correct until and unless an application is made to the same Court for any correction in case there is any error”.
The NCLAT observed that no correction application was filed before the NCLT in this case. Therefore, the Appellants can’t be permitted to file the reply now because if this practice was allowed to be followed then there shall be no end to the filing of the pleadings and the cases would never be concluded.
Case Title: Anil Kumar & Ors. V/s Manjinder Singh Sandhu & Ors.
Case Number: Company Appeal (AT) (Insolvency) No. 833 & 834 of 2025
Judgment Date: 02/06/2025
Appellant: Mr. Sunil Fernandez, Sr. Advocate with Mr. Milan Singh Negi, Advocate
Respondent: Mr. Abhishek Anand, Mr. Nipun Gautam, Advocate for R-1 to 10
Mr. Karan Kohli and Ms. Palak Kalra, Advocates
