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NCLAT Allows Rectification Because of Clerical Error in Earlier Order

Case Law Details

TaxGuru Citation
2026 taxguru.in 355
Case Name
Sandeep G. Raheja Vs Omkara Asset Reconstruction Private Limited & Anr (NCLAT Delhi)
Date of Judgement/Order
Only available for paid members
Courts
NCLAT
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Sandeep G. Raheja Vs Omkara Asset Reconstruction Private Limited & Anr (NCLAT Delhi)

National Company Law Appellate Tribunal allowed an application seeking correction of its earlier order dated 17.10.2025 passed in a company appeal. The applicant pointed out that, due to an inadvertent mistake, an incorrect version of Prayer (g) had been quoted in paragraph 1 of the original order, which did not reflect the actual prayer made in the interlocutory application. The Tribunal accepted this submission and directed that paragraph 1 of the order be corrected by inserting the proper Prayer (g) as reproduced in the application, which clarified that the insolvency process of the corporate debtor would remain subject to certain earlier court orders and pending litigation.

Further, the Tribunal ordered corrections in the concluding portion of the order by substituting the words “assertion as undertaken” with “Information Memorandum” and by modifying the last line to ensure that the litigation and the relevant order are also referred to. In the final paragraph, the Tribunal clarified that, in view of the corrections allowed, no separate order was required on the amendment application. The application was accordingly allowed, and directions were issued for uploading the corrected order.

FULL TEXT OF THE NCLAT JUDGMENT/ORDER

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,778

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