Bhimsen Apat vs Kalinga Enterprises Private Limited ...

IN THE MATTER OF: Bhimsen Apat ....Appellant

Vs.

Kalinga Enterprises Pvt. Ltd. & Anr. ....Respondents

Present: For Appellant: Mr. Krishnendu Datta, Sr. Advocate, Mr. Akashay Goel, Mr. Rahul Gupta, Advocates. For Respondents:

ORDER

(Hybrid Mode)

12.12.2023: I.A. No. 5834 of 2023:- Heard Learned Counsel for the

appellant. This is an application praying for recall of the Judgment passed by

this Tribunal dated 19.10.2023 by which appeal was disposed of.

2. Learned Counsel for the Applicant by this recall application submits that

the appellant did not disclose to the court that notice was issued by the

Registry of the Tribunal which was served on the Corporate Debtor. He submits

that even the applicant was not aware of the said fact and applicant came to

know about it only after the Judgment was passed by this Tribunal on

19.10.2023.

3. Learned Counsel for the Applicant submits that the non-disclosure thus

amounts to misleading by the appellant in the appeal.

4. The order was passed by this Tribunal after hearing both the parties

including Learned Counsel for the Corporate Debtor. -2-

5. Whatever submissions were made by the counsel for the parties were

considered and this Tribunal decided the appeal after hearing the parties. This

application is nothing but review in disguise of recall of the judgment which is

not permissible since this Tribunal does not have jurisdiction to review its own

judgment.

6. The application is thus rejected.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

sa/bb

I.A. No. 5834 of 2023 in Company Appeal (AT) (Ins.) No. 209 of 2023