Parties Cannot Reopen Claims Invoking Tribunal's Review Powers After Plan Is Approved: NCLT Indore

The Indore Bench of the National Company Law Tribunal (NCLT) on 19 March 2026 held that once a resolution plan is approved, parties cannot reopen claim classification by invoking the Tribunal's inherent powers under Rule 11 of the NCLT Rules, 2016.

A Bench comprising Judicial Member Brajendra Mani Tripathi and Technical Member Man Mohan Gupta dismissed a review application filed by the Employees' Provident Fund Organisation (EPFO), which sought to modify the order approving the resolution plan of Ujaas Energy Limited.

The Bench observed:

“The classification of the amount forms part of a judicial determination and cannot be construed as an error apparent on the face of the record or a factual omission capable of being corrected by invoking the inherent powers under Rule 11 and 154 of the NCLT Rules, 2016.”

During the Corporate Insolvency Resolution Process (CIRP), the EPFO filed a claim of Rs. 8,97,842, which the Resolution Professional admitted. The Committee of Creditors (CoC) classified the claim as “government dues”, providing only Rs. 974.93 under the approved resolution plan.

The EPFO argued that provident fund dues constitute trust property held for employees, not government dues, and requested the Tribunal to correct the classification. It invoked Rule 11 read with Rule 154 of the NCLT Rules, contending that the classification involved a “factual omission” and fell within the Tribunal's inherent powers.

The Tribunal rejected the argument, holding that classification of claims forms part of a deliberate judicial determination and does not constitute a clerical or accidental error. It clarified that Rule 154 applies only to errors apparent on the face of the record and does not allow re-adjudication of substantive issues.

Emphasising the finality of an approved resolution plan, the Bench stated that any modification now would unsettle the plan and contravene the principles under the Insolvency and Bankruptcy Code. It noted that the EPFO had the opportunity to challenge the classification at the appropriate stage but failed to do so.

While recognising that tribunals possess limited inherent powers to correct manifest errors or prevent injustice, the Bench clarified that the Tribunal cannot revisit issues already adjudicated on merits.

Accordingly, the NCLT dismissed the EPFO's review application and upheld the classification of claims under the approved resolution plan.