Mahesh Taneja vs Devendra Umrao & Anr
- CitationReview Application No. 2 of 2022
Ratio decidendi
The rule this decision rests on
A review of a merits decision of the Tribunal is not maintainable where the Tribunal has already decided the appeal on merits; the Tribunal therefore cannot review its judgment on that basis, and a withdrawal of a further appeal to the Supreme Court with liberty to approach the Tribunal does not, by itself, confer power on the Tribunal to review its merits judgment.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Mahesh Taneja ...Appellant
Versus Davendra Umrao & Ors. ...Respondents Present: For Appellant: For Respondents: Mr. Hitesh Sachar, Advocate for R-2.
ORDER
12.08.2022: This Review Application has been filed praying for review of
Judgment of this Tribunal dated 07.01.2022, in CA (AT) (Ins) No. 1100 of 2021.
The Appeal was dismissed on merit after hearing the Appellant in person.
Against the order passed by this Tribunal dated 07.01.2022, the Appellant filed
Civil Appeal No (s). 2427/2022 which has been dismissed as withdrawn vide
order dated 29.04.2022 which is to the following effect:
"Appellant in person seeks permission of the Court to withdraw the Appeal at liberty to move the National Company Law Appellate Tribunal for appropriate relief. The Appeal is dismissed as withdrawn with liberty as prayed for".
-2- We are of the view that this Tribunal having already decided the matter
on 07.01.2022 by dismissing the Appeal on merit, we cannot review our
judgment. The Judgment of Supreme Court relied by the Counsel for the
Appellant dated 29.04.2022 does not contain any order which may enable this
Tribunal to review its Judgment given on merits. We thus are of the view that
there are no merits in the review application which is dismissed.
We further observe that the order passed by this Tribunal on
07.01.2022 and the order passed by the Hon'ble Supreme Court dated
29.04.2022 and this order may also be communicated to the Insolvency and
Bankruptcy Board of India (IBBI) for information and taking necessary action.
[Justice Ashok Bhushan] Chairperson
[Justice Rakesh Kumar] Member (Judicial)
[Dr. Ashok Kumar Mishra] Member (Technical)
sr/nn Review Application No. 2 of 2022 In Company Appeal (AT) (Ins) No. 1100 of 2021
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