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Earthin Projects Ltd vs Indu Projects Limited & Ors

National Company Law Appellate Tribunal4 July 2024

Ratio decidendi

The rule this decision rests on

The Tribunal's only stated ground is that the earlier order dated 12.01.2024 has merged in the Supreme Court's order dated 25.01.2024, which dismissed the statutory appeal against it; the review/recall application therefore has no subject-matter and is not maintainable.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALCHENNAI BENCHRecall Application No.246/2024inCompany Appeal (AT) (CH) (Ins) No. 201/2023(IA Nos. 660, 661, 779, 857, 1124 & 1165/2023)IN THE MATTER OF:

Earthin Projects Ltd. ... Applicant

Vs

Indu Projects Ltd. & 4 Ors. ... Respondents

Present:

For Applicant : Mr. Kumar Anurag Singh, Advocate

For Respondents : Mr. VVSN. Raju, Advocate for R1 & R2 Mr. MV. Swaroop, Advocate for R3 Mr. Pranava Charan, Advocate for R4

ORDER

(Hybrid Mode) 04.07.2024: This application has been filed by the

Applicant/Appellant under Rule 11 of the NCLAT Rules, 2016 for

recalling of the Judgment and Order dated 12.01.2024 passed by

this Court in CA (AT) (Ins.) No. 201 of 2023.

The order dated 12.01.2024 was challenged by the

Applicant/Appellant by way of statutory appeal bearing Civil Appeal

No. 579 of 2024 filed under Section 62 of the Code, 2016 before the

Hon'ble Supreme Court which was dismissed on 25.01.2024 by the Hon'ble Supreme Court with the following order:-

"1 We find no reason to interfere with the impugned judgement dated 12 January 2024 passed by the National Company Law Appellate Tribunal, Chennai Bench in Company Appeal (AT) (Insolvency) No 201 of 2023. 2 The Civil Appeal is accordingly dismissed. 3 Pending applications, if any, stand disposed of"

We have heard Counsel for the Applicant/Appellant and are of

the considered opinion that since the order dated 12.01.2024 in

which the Application for recalling has been filed has already merged

in the order dated 25.01.2024 passed by the Hon'ble Supreme Court

in Civil Appeal No. 579 of 2024, therefore, the present application is

totally mis-conceived and not maintainable.

Hence, the present application is hereby dismissed though

without any order as to costs.

[Justice Rakesh Kumar Jain] Member (Judicial)

[Ajai Das Mehrotra] Member (Technical)

Sheetal

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