Miss Lucy
← All judgments

Mahesh Taneja vs Devendra Umrao & Anr

National Company Law Appellate Tribunal12 August 2022Ashok Bhushan

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

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHIReview Application No. 2 of 2022InCompany Appeal (AT) (Ins) No. 1100 of 2021

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Civil Appeal No (s). 2427/2022 which has been dismissed as withdrawn vide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 The Appeal is dismissed as withdrawn with liberty as prayed for".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

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free