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Col A Khanna Sm Retd vs Delhi Gymkhana Club Limited & Anr

National Company Law Appellate Tribunal13 September 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

An application seeking recall of a judgment or order of the Tribunal, passed after the parties have been heard, is not maintainable; a Five Member Bench of the Tribunal has already so held, and the Tribunal is bound by that view.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHII.A. No. 6414 of 2024InComp. App. (AT) No. 224 of 2024IN THE MATTER OF:

Col. Ashish Khanna, SM (Retd.) ...Appellant(s)

Versus

Delhi Gymkhana Club Ltd. & Anr. ...Respondent(s) Present: For Appellant : Col A. Khanna, SM Mrs. Niji Sapra-SFIO complainant. For Respondents : Ms. Raveena Rai, Advocate for Delhi Gymkhana Club. Mr. Raunak Dhillon, Ms. Isha Malik and Mr. Jeezan Riyaz, Mr. Rochit Bakliwal, Advocates for R-2.

ORDER

(Hybrid Mode) 13.09.2024: I.A. No. 6414 of 2024 This is an application filed by the Applicant/Appellant praying for making following prayers:

"a. Recall order dated 14.08.2024, passed in CA (AT)- 224/2024;

b. Pass an order directing that enquiry be conducted on the Registry's ex-facie breach of this Hon'ble Tribunal's Order dated 24.07.2024".

The appeal was filed by the Appellant challenging the order dated

05.04.2024 passed by National Company Law Tribunal, New Delhi, Principal

Bench which appeal was heard. The appellant himself appeared and was

heard. The appeal was finally dismissed by the order dated 14.08.2024.

Appellant has prayed for recall of the order. Five Member Bench of this

Tribunal in "Union Bank of India (Erstwhile Corporation Bank) vs. Mr. -2-

Dinkar T. Venkatasubramanian & Ors." in I.A. No. 3961 of 2022 in Company

Appeal (AT) (Ins) No. 729 of 2020, has already taken the view that

application for recall of a judgment which has been passed after hearing the

parties is not maintainable.

We thus, do not find any merit in the application. Application is

dismissed.

[Justice Ashok Bhushan] Chairperson

[Arun Baroka] Member (Technical) sr/nn

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