Arun Shrivastava Suspended Director Of ... vs Punjab National Bank And Ors

IN THE MATTER OF: Arun Shrivastava Suspended Director of TAST Healthy Foods India Pvt. Ltd. ...Appellant

Versus

Punjab National Bank & Anr. ...Respondents

Present: For Appellant: Mr. Amitabh Sinha, Mr. Anupam Pandey, Advocates. For Respondents:

ORDER

(Hybrid Mode)

23.07.2025: Heard learned counsel for the Appellant. This appeal has

been filed against order dated 09.06.2025 by which order IA No. 239(MP)2025

filed by the Appellant to recall order dated 17.03.2025 has been rejected.

2. Learned counsel for the Appellant challenging the order submits that

there was DRT proceeding pending in which the question of default was also

involved which ought to have been referred to in the order by the Adjudicating

Authority while admitting Section 7 application. It is further submitted that

there was question of limitation as well as question pertaining to application

being barred by Section 10A.

3. We have considered the submissions of learned counsel for the

Appellant and perused the record.

Cont'd.../ 2

4. The Adjudicating Authority admitted Section 7 application by detailed

order dated 17.03.2025. The Corporate Debtor was duly served in proceeding.

Remedy open for the Appellant was to fila an appeal against said order. The

ground for recall are too limited as has been laid down by Hon'ble Supreme

Court in Greater Noida Industrial Development Authority v. Prabhjit

Singh Soni & Anr. (Civil Appeal Nos. 7590-7591 of 2023). We do not see

any grounds made by the Appellant which are grounds covered for allowing

the recall application. We do not find any error in the order of the

Adjudicating Authority rejecting recall application. There is no merit in the

appeal. Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Ins.) No.1075 of 2025