Mr. Vineet Khosla vs M/S Edelweiss Asset Reconstruction ...

I.A. No. 2282 & 2283 of 2024 In Company Appeal (AT)(Insolvency) No. 1124 & 1125 of 2020 IN THE MATTER OF: Vineet Khosla ...Appellant

Versus Edelweiss Asset Reconstruction ...Respondents Company Ltd. & Ors. Present: For Appellant : Mr. Deepak Khosla, Advocate. For Respondents : -

ORDER

(Hybrid Mode) 19.04.2024: Heard Mr. Deepak Khosla, learned Counsel for the Appellant.

2. This is an application in I.A. No. 2282 & 2283 of 2024 filed by the

Applicant praying for the following relief:

"a) Expunging the portion underlined herein in the last sentence from para 42, which presently reads as follows:

"The said letter was written on letter pad of the corporate debtor and signed by one of the Directors."

b) Pass ex parte orders and/or directions as prayed for above.

c) Any further interim order or direction which this Hon'ble Appellate Tribunal may deem fit and proper in the circumstances of the case be issued in favour of the appellant;"

3. Learned Counsel for the Appellant submits that last line in paragraph-42

is a mistake apparent on record and is per-incurium. He submits that the said

application be allowed and said line be deleted from the paragraph-42.

...contd...p/2...

4. The Appellant has himself filed a copy of the order dated 29.07.2022

passed in Civil Appeal No. 4109-4110 of 2022 which is an appeal filed

challenging the judgment of this Tribunal dated 28.02.2022. On 29.07.2022,

Hon'ble Supreme Court passed the following order:

"ORDER

Heard learned counsel for the appellant. We do not find any ground to interfere with the judgment impugned. The appeals are dismissed along with the pending application(s), if any."

5. We are of the view that against the judgment passed by this Tribunal, an

appeal filed having been dismissed by Hon'ble Supreme Court, we cannot

accept the prayer of the Appellant to delete any part of the judgment passed by

this Tribunal dated 28.02.2022. Application cannot be allowed.

6. Learned Counsel for the Appellant submits that the findings recorded in

paragraph-42 where with regard to Director, who was not part to the

proceeding, we are of view that as the judgment passed by this Tribunal having

already been affirmed by Hon'ble Supreme Court in Civil Appeal No. 4109-4110

of 2022, we cannot accede to the prayer of the Application.

Application is dismissed.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical) akc/Nn

I.A. No. 2282 & 2283 of 2024 In Company Appeal (AT)(Insolvency) No. 1124 & 1125 of 2020 Page 2 of 2