Royal Manpower Services Through Its ... vs Faridabad Autocomp System Private ...
- CitationCompany Appeal (AT) (Insolvency) No. 880 of 2024
Ratio decidendi
The rule this decision rests on
The Tribunal's power to recall its own order dismissing an appeal is governed by the test laid down by the five-member Bench in Union Bank of India v. Dinkar T. Venkatasubramanian; recall is available only where grounds are made out under that test, and a recall application that does not establish such grounds must be rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Royal Manpower Services Through its Proprietor, Vasudev ...Appellant Versus Faridabad Autocomp Systems Pvt. Ltd. ...Respondent
Present: For Appellant : Mr. Prakash Kumar, Advocate.
For Respondent :
ORDER
(Hybrid Mode)
06.12.2024 : I.A. No. 8232/2024
1. This is an Application filed by the Applicant/Appellant praying for recall
of the Order dated 06.05.2024 passed in Comp. App. (AT) (Ins.) No. 880/2024.
This Tribunal after hearing the Counsel for the Appellant (Applicant herein)
has dismissed the Appeal which was filed by the Appellant challenging the
Order passed by the Adjudicating Authority dated 23.11.2023 rejecting
Section 9 Application by the Appellant on the ground of Pre-Existing Dispute.
2. Learned Counsel for the Appellant sought to refer to Paragraph 5 of the
Order, Police Complaint and Report dated 11.11.2017 herein.
3. The Appeal was dismissed after hearing the Counsel for the Appellant,
we are of the view that no grounds have been made out for recall of the
Judgment as has been laid down by the 5 Member Bench of this Tribunal in
the matter of `Union Bank of India (Erstwhile Corporation Bank)' Vs.
`Dinkar T. Venkatasubramanian & Ors.', decided on 25.05.2023.
4. We are of the view that the Application praying for recall deserves to be
rejected since no grounds have been made out for recall.
Application is rejected.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) himanshu/kam
I.A. No. 8232 of 2024 in Comp. App. (AT) No. 880 of 2024 2 of 2
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