2024 (3) TMI 1239 - AT - Insolvency and Bankruptcy

CIRP - Appellant seeks to modify the project completion date from 03.12.2023 to 03.12.2024, as stated in the subsequent certificate issued by the Real Estate Regulatory Authority (RERA) - correction of error in exercise of inherent jurisdiction of this Tribunal - HELD THAT - There can be no dispute to the preposition that this Tribunal has inherent power to correct mistake or slip occurred in the order that such power is preserved in the Rule 11 of the NCLAT Rules, 2016 but the power cannot be exercised when there is no mistake or slip in the order or decree. Present is not a case where any mistake or slip occurred in the order passed by this Tribunal. The date 03.12.2023 was a date which was noticed by the Adjudicating Authority in the impugned order and which date is reflected in the order while dismissing the appeal. This is not a fit case to exercise any inherent jurisdiction to correct any error in the judgment - Application is rejected.

Summary

Issues involved:
The application seeks to correct the project completion date mentioned in the judgment, highlighting the discrepancy between the date mentioned in the original order and a subsequent certificate issued by RERA.

Issue I - Correction of Project Completion Date:
The application requests to modify the project completion date from 03.12.2023 to 03.12.2024, citing an error in the original order by the Adjudicating Authority. The Appellant argues for the correction of the date based on a subsequent certificate issued by RERA, which supports the revised completion date. The Appellant relies on the judgment of the Hon'ble Supreme Court to emphasize the inherent power of the court to correct clerical mistakes or errors arising from accidental slips or omissions in judgments or decrees. However, the Respondent contests the need for correction, asserting that the date mentioned in the original order was based on the Adjudicating Authority's findings and is accurately reflected in subsequent proceedings. The Tribunal, after considering the arguments, concludes that there was no mistake or slip in the original order, as the date in question was duly noted by the Adjudicating Authority. Consequently, the Tribunal rejects the application for correction, emphasizing that inherent jurisdiction should not be invoked in the absence of an error in the judgment.