Hdfc Bank Limited vs Satish Kumar Mathur Liquidator

IN THE MATTER OF: HDFC Bank Pvt. Ltd. ...Appellant

Versus Satish Kumar Mathur, Liquidator ...Respondent

Present: For Appellant: Mr. Shailendra Singh, Advocates For Respondent: IPS Oberoi and Mukesh Kumar, Advocate

ORDER

14.03.2023: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the order passed by the Adjudicating

Authority dated 23rd December, 2022 by which I.A. No. 4207 of 2022 filed by the

Appellant to recall the Order dated 21.02.2022 has been rejected on the ground

that the Adjudicating Authority has no power to recall its own order.

3. Learned Counsel for the Appellant submits that Appellant has not prayed

for review of the Order rather he has prayed for recall of the Order. Order dated

21.02.2022 has been filed along with the Appeal which is an order on an

application filed by the Liquidator praying for certain reliefs. The Application was

heard and decided on merits. The Appellant thereafter filed an application 2

praying to recall the Order dated 21.02.2022. In the application, Appellant has

prayed that order be recalled and Liquidator be directed to place on record

correct valuation after taking into consideration each and every challenge with

respect to the said property being commercial Shop No. G-5, on ground floor

situation at Plot No. 7. The prayers made in the Application were prayers on

merits of the Order and no grounds have been made out in the application for

recall of the Order. The Appellant was challenging the Order dated 21.02.2022

on merits which is clear from the various averments in the application.

4. We thus are of the view that the Adjudicating Authority has rightly rejected

the Application holding that the Adjudicating Authority has no jurisdiction to

review the Order.

We do not find any error in the Order hence the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) Ins. No. 267 of 2023