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Ajay Sadana vs Acteon India Private Limited

National Company Law Appellate Tribunal19 April 2022

Ratio decidendi

The rule this decision rests on

Where an earlier order has been reviewed and its operative averments deleted, the Tribunal may direct that the reviewed version alone be uploaded on its website, and that the superseded version not be shown there, so that the published record reflects the order as modified on review.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHII.A. No. 916 of 2022 inReview Application No. 01 of 2019 inCompany Appeal (AT) (Insolvency) No. 161 of 2017IN THE MATTER OF:

Ajay Sadana ...Applicant

Versus

Acteon India Pvt. Ltd. ...Respondent

Present: For Applicant: Mr. Sandeep Bajaj, Ms. Aakanksha Nehra and Ms. Sakshi Digvijay, Advocates. For Respondent:

ORDER

(Virtual Mode)

19.04.2022: This is an application filed by Applicant praying for following reliefs:

"a) To direct removal of all the orders passed by the Hon'ble National Company Law Appellate Tribunal in the CA (AT)(Ins.) 161/2017 from the official website/s of the Hon'ble NCLAT.

b) To pass any other Order or direction in favour of the Applicant as it may deem fit in the interest of justice."

2. The grievance of the Applicant which has been raised before us is that in the order dated 01.02.2019 passed by this Tribunal the earlier order dated 14.09.2017 is also uploaded which contains averments which have already been deleted from order dated 14.09.2017 by allowing the earlier Review Application filed by the Applicant.

3. We have considered submissions of learned counsel for the Applicant and perused the record.

-2- 4. We are of the view that ends of justice be served in uploading the order dated 14.09.2017 as reviewed, which is extracted in Para 7 of the order dated 01.02.2019. Let, the order dated 14.09.2017 as reviewed on 01.02.2019 only to the extent as has been extracted in Para 7 of order dated 01.02.2019 be uploaded on the website.

5. After uploading the modified order as ordered above, the earlier orders uploaded on the website be not shown on the website.

6. I.A. No. 916 of 2022 is disposed of accordingly.

[Justice Ashok Bhushan] Chairperson

[Shreesha Merla] Member (Technical) Archana/nn

I.A. No. 916 of 2022 in Review Application No. 01 of 2019 in Company Appeal (AT) (Insolvency) No. 161 of 2017

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