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2022 (10) TMI 434 - AT - Insolvency and BankruptcyValidity of order of NCLT - seeking expunging the observations made against the RP - Seeking extension of claim amount - alleged non-compliance of the order - HELD THAT:- As a matter of fact, when the contempt petition was filed by the Respondent for the non-compliance of the direction it contained in the order dated 16.10.2019, the Adjudicating Authority vide its order dated 11.11.2019 directed the Appellant to appear personally on 13.11.2019. The Adjudicating Authority has observed that the Appellant was found by the staff of the court sitting outside the court room but he refused to appear when he was asked for it and when the court was about to rise after passing the remarks about which the prayer has been made for expunction, the Appellant appeared and prayed for recall of the order. All these observations were made either in the presence or with the knowledge of the Appellant but at no point of time any application was made by the Appellant before the Adjudicating Authority to expunge those remarks and has now challenged the order dated 13.11.2019 on the ground that he could not appear before the Adjudicating Authority because he was having injury on his hand - If a party thinks that the happenings in court have been wrongly recorded in a judgment, it is incumbent upon the party, while the matter is still fresh in the minds of the judges, to call attention of the very judges who have made the record to the fact that the statement made with regard to his conduct was a statement that had been made in error. That is the only way to have the record corrected. If no such step is taken, the matter must necessarily end there. The present appeal is allowed only to the extent of setting aside the order dated 18.12.2019 by which the Adjudicating Authority has directed that “in view of the same we hereby clarify that the RP shall make the payment of entire amount due with regard to the rent after deducting any amount like GST etc. as per law” - Petition disposed off.
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