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Ansal Housing Limited vs M/S. Samyak Projects Pvt. Ltd

National Company Law Appellate Tribunal7 February 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Tribunal may recall its own judgment only on the limited grounds laid down by the five-member Bench in Union Bank of India v. Dinkar T. Venkatasubramanian; an application that in substance seeks review of a judgment, which the Tribunal has no jurisdiction to undertake, cannot be entertained as a recall application.

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

Judgment

As delivered

-1-NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHII.A. No. 850 of 2024 inCompany Appeal (AT) (Ins.) No. 542 of 2023

IN THE MATTER OF: Ansal Housing Ltd. ....Appellant

Vs.

Samyak Projects Pvt. Ltd. ....Respondent

Present: For Appellant: Mr. Vikas Tiwari, Mr. Kumar Deepraj, Ms. Aditi Lekhi, Advocates. For Respondent: Mr. Monish Surendran, Ms. Nishtha Grover, Advocates.

ORDER

(Hybrid Mode)

07.02.2024: I.A. No. 850 of 2024:- This is application filed for recall of the

Judgment dated 06.12.2023 by which the appeal filed by the appellant was

dismissed. In this recall application Learned Counsel for the appellant

submitted that there is an apparent mistake in the order. He refers to a joint

venture agreement pertaining to Sector-92, Gurgaon which was not relevant for

the present case.

The application filed by the appellant is for the recall of the judgment.

The recall of the Judgment is permissible on limited grounds as has been laid

down by five Members Bench of this Tribunal in "Union Bank of India

vs. Dinkar T. Venkatasubramanian & Ors." The order was passed after hearing

the appellant. There are no grounds to allow recall of the Judgment. Appellant -2-

is virtually asking the Court to review of the Judgment whereas there is no

jurisdiction in this Tribunal to review its own judgment. We, thus, are of the

view that recall application cannot be entertained. Recall application is

dismissed.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

sa/nn

I.A. No. 850 of 2024 in Company Appeal (AT) (Ins.) No. 542 of 2023

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