Canbank Factors Ltd vs Dharmendra Kumar
- CitationCompany Appeal (AT) (Ins) No.826 of 2019
Ratio decidendi
The rule this decision rests on
The Adjudicating Authority's refusal to recall its earlier order, on the ground that the order had merged into the order of the Appellate Tribunal dismissing the appeal against it, is not interfered with; the appeal is dismissed because the impugned order rests on that merger reasoning, and the Appellate Tribunal sees no ground to disturb it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Canbank Factors Ltd. ...Appellant
Versus
Dharmendra Kumar ...Respondent
Present:
For Appellant: None
For Respondent: Shri Rohit Rathi, Advocate
ORDER
22.08.2019 On 19th August 2019, nobody appeared on behalf of the
Appellant. The Counsel for the Respondent was present. Therefore, we adjourned
the matter.
Today, nobody appears for the Appellant though counsel for the
Respondent is present. The Appellant sought for recalling of the Order dated 27th
November, 2018 by an Application before the Adjudicating Authority (National
Company Law Tribunal), New Delhi Bench - III, New Delhi but by Impugned
Order dated 8th July, 2019, the Adjudicating Authority refused to recall the same
as the Appeal preferred against the said Order before this Appellate Tribunal was
not entertained. Therefore, the Adjudicating Authority held that the Order dated
27th November, 2018 having merged with the Order passed by the Appellate
Tribunal on 14th May, 2019, it was not open to the Adjudicating Authority to
recall the Order dated 27th November, 2018. -2-
For aforesaid reasons, we are not inclined to interfere with the Impugned
Order. The Appeal is dismissed.
[Justice S.J. Mukhopadhaya] Chairperson
[Justice A.I.S. Cheema] Member (Judicial)
[Kanthi Narahari] Member (Technical) /rs/gc
Company Appeal (AT) (Ins) No.826 of 2019
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