Eka Life Limited vs Amarpal

IN THE MATTER OF: Anoop Kumar Srivastava ...Appellants Versus Neerav Bhatnagar ...Respondents

Present: For Appellant : Ms. Khyati Jain, Advocate for Appellant.

Mr. Jay Savla, Sr. Advocate with Ms. Khyati Khemka, Advocates for Applicant. For Respondents : Mr. Bharat Bhushan Sethi, Advocate for R1/ Homebuyers.

Mr. Abhyudai Singh, Mr. Raghav Chadha, Mr. Ravi Bhasin and Mr. Mukund Rawat, Advocates for EKA Life Ltd.

Mr. Ashim Sood, Mr. Varun Kalra and Mr. Prateek Kundu, Advocates for R4/ ABFL.

ORDER

(Hybrid Mode)

07.04.2025: I.A. No. 581 of 2025

This is an application praying for recall of the order dated 08.01.2025

passed by this Tribunal in IA No. 7159 of 2024 in CA (AT) (Ins) No. 823 of

2023. The prayer made in the application is to the following effect:-

"It is therefore most respectfully prayed that the Hon'ble Court may be pleased to:

(a) Allow the present application;

(b) Recall the order dated 08.01.2025 passed in I.A. No. 7159 of 2024 in Company Appeal (AT)(Insolvency) No. 823 of 2023;

(c) Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.

The order dated 08.01.2025 was passed after hearing the Ld. Counsel

for the applicant as well as the other parties to the application. Shri Jay

Savla, Ld. Sr. Counsel appearing for the appellant in support of the

application contend that there are certain incorrect findings in the order

which need to be corrected. He further submits that order was passed by this

Tribunal with respect to replacement of the Appellant with regard to which

appellant has no grievance. Ld. Counsel for the respondent submits that

against the order impugned Civil Appeal Diary No. 6946 of 2025 was filed by

appellant which was withdrawn on 01.04.2025.

2. The jurisdiction to recall the judgment are too limited as has been laid

down by the Hon'ble Supreme Court in 2024 SCC OnLine SC 122 Greater

Noida Industrial Development Authority v. Prabhjit Singh Soni & Anr.

The order dated 08.01.2025 was passed by this Tribunal after hearing the

appellant and other parties. We are of the view that the present application is

filed as an application for recall which in substance in application seeking

review of the judgment. We do not have any jurisdiction to review our

judgments and the grounds which have been made in the application are not

sufficient to recall the order which was passed after hearing the appellant. We

thus are of the view that no relief can be granted in the application, the order

cannot be recalled hence the application is rejected.

2 of 3 I.A. No. 581 of 2025 in I.A No. 7159 of 2024 in Comp. App. (AT) (Ins) No. 823 of 2023

3. Shri Jai Savla further submits that any observation made in the order

should not be influenced by Regulatory Authority who are considering

complaints against the Applicant.

4. The Ld. Counsel for the Appellant prays for fixing a date in the appeal.

5. List this appeal on 30.04.2025 at 02:00 P.M.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) harleen/NN

3 of 3 I.A. No. 581 of 2025 in I.A No. 7159 of 2024 in Comp. App. (AT) (Ins) No. 823 of 2023