Challenge Against Court Records Without Filing Correction Application is Invalid: NCLAT [Read Order]
The Appellant after the arguments were closed on 7th May, 2025 cannot permitted to file the reply now because if this practice is allowed to be followed then there shall be no end to the filing of the pleadings.
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The National Company Law Appellate Tribunal (NCLAT) New Delhi bench of 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.
Respondents filed An application in the NCLT 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.
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Counsel for Appellant has submitted that though the Tribunal has granted permission to file written submissions but without the Reply written submissions cannot be filed. On other hand, Counsel for Respondents No.1 to 10 has submitted that the Appellant cannot be given time to file Reply except for written submissions. He has referred to an Order passed by the Tribunal on 15th May, 2025 where Mr. Majinder Singh, Advocate had appeared on behalf of Respondents No.5, 7, 10 and 11 and no Reply was filed to the Application bearing I.A. 3143 of 2022.
The Appellant further submitted that there was no representation on behalf of them and their appearance was wrongly recorded.
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The Tribunal viewed that it has been well settled by the Supreme Court in the case of “State of Maharashtra vs Ramdas Shrinivas Nayak & Anr” decided on 28 July, 1982 - 1982 AIR 1249 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 bench comprising Justice Rakesh KumarJain (Judicial Member) & Barun Mitra (Technical Member), observed that no correction application was filed by the Appellant that there was no representation on behalf of Respondents No.7, 10 and 11. The Appellant after the arguments were closed on 7th May, 2025 cannot permitted to file the reply now because if this practice is allowed to be followed then there shall be no end to the filing of the pleadings and the cases cannot be concluded.
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