Bansal Ship Breakers vs Great United Energy Pvt Ltd

IN THE MATTER OF: Bansal Ship Breakers ...Appellant Versus Great United Energy Pvt. Ltd. ...Respondent

Present: For Appellant : Mr. Akshay Jain (CA), Ms. Ujjawala Chaturvedi and Mr. Alok Kumar, Advocates.

For Respondent : Mr. Aniruth Purusothaman, Advocate.

ORDER

(Hybrid Mode)

05.08.2024 : I.A. No. 2884 of 2024

1. This is an Application praying for recall of the Judgment of this Tribunal

dated 19.01.2024 passed in Comp. App. (AT) (Ins.) No. 58 of 2024. This

Application has been filed on behalf of the Appellant for recall of the

Judgment.

2. Mr. Akshay Jain CA appears for the Applicant and submits that in

Paragraph 6 of the Order it has been noted that statement was made by the

Liquidator that Appellant has written to the Liquidator that he is ready to

comply the Order and Liquidator has already sent the cheque for amount to

be refunded to the Appellant which has been encashed. It is submitted that

no such writing was made by the Appellant to the Liquidator that he is ready

to comply. He submits that in view of the aforesaid, the Order may be recalled.

3. The Order dated 19.01.2024 was passed after hearing CA Akshay Jain

who was appearing for the Applicant and Learned Counsel for the Liquidator. When the Order was passed, after hearing of the Appellant, we see no reason

to recall the Order, what Applicant is praying is to review the Judgment.

There is no jurisdiction vested in this Tribunal to review its Judgment and the

Order was passed after hearing the Applicant.

4. We see no reason to recall the Order. The grounds of recall are well

established in the Judgment of 5 Member Bench in the matter of `Union Bank

of India (Erstwhile Corporation Bank)' Vs. `Mr. Dinkar T.

Venkatsubramanian & Ors.' in I.A. No. 3961/2022 in Comp. App. (AT)

(Ins.) No. 729/2020. No such ground has been made out on which recall

Application is made out.

5. Learned Counsel for the Applicant submits that in fact the Liquidator

has played a fraud on the Court. It was not a case of any kind of fraud and

the Applicant's submissions that it is a fraud wholly erroneous and

unfounded. Applicant who appeared when the matter was heard cannot be

heard in making allegations of fraud and furthermore the Order passed by

this Tribunal contained in Paragraph 5 and the submission of the Applicant

that he has never stated that he will comply the Order has no consequence,

every Party is bound to comply the Orders and the Applicant's submission

that he has not written that he will comply the order itself suggest that

Applicant is not an honest litigant.

With these observations, we dismiss the Application.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) himanshu/nn I.A. No. 2884 of 2024 in Comp. App. (AT) (Ins.) No. 58 of 2024 2 of 2