9911796707
TMI Blog2017 (11) TMI 1964X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 26-10-2017 passed in Diary No.529 of 2017, which need to be corrected and as such, on exercising the powers conferred on this Authority under Section 420 (2) of the Companies Act, 2013, the same are now being corrected in the manner, stated herein below. 2. In the order dated 26-10-2017 as aforesaid, there were some typographical mistakes in the name of the Financial Creditor as well as in the name of learned counsel appearing on behalf of the Financial Creditor which have been written as under: - Cause Title Seri Infrastructure (P) Ltd. Financial Creditor -Versus- Assam Company India Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... four , which instead, should have been favour . The same now be read as favour in place of four . 5. In Para 45 at page 7 of the Order in third line, between the words agreed and by , through oversight, there was omission of the word to . The said Para now, after inserting the word to be read as under: - 45. What is equally important to note -------- argues Mr. Banarjee, learned Sr. Advocate ------- under the agreement between the FC and the CD, the later further agreed to repay the loan not only with interest at agreed rate ------- but also ------- with penal interest at the rate agreed to by the FC and principal debtor. In the teeth of such revelations, the CD is precluded from raising aforesaid plea in the present pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncipal debtor, it is no longer possible on the part of the FC to claim such penal charges from the CD herein. 9. In Para 69 at page 12 of the Order, in the first line between the third word the and the fourth word allegation, there has been an inadvertent omission through oversight in inserting the word second . Now, the above omission is corrected by inserting the word second in between the word the and allegation and the said paragraph be read accordingly. 10. In Para 70 of the Order dated 26-10-2017, the amount of arrear penal charges has by mistake been typed as arrear of penalty ₹ 1,27,83,715.00, instead, the same should have been typed as arrear penal charges ₹ 493,85,10,906/ -. Now, the corrected Para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... words section 7(4) . The said Para is now corrected by inserting the said word under before the words section 7(4) as stated hereinabove and the same be read as under: - 93. Accordingly, 17-10-2017 was fixed for such hearing with further direction that under no circumstance, the case would not be adjourned on 17-10-2017. The above narration only shows that if the proceeding in hand could not be concluded within the time, specified in section 7(4) of the Code, it was basically for the adjournments sought for by the CD. In the face of such revelation, it does not lie in the mouth of the CD to say that this proceeding is required to be dropped for this Tribunal not being able to dispose of the application within the time limit fixed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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