Siddharth Nayar, Proprietor Of ... vs Sanjeve Bhushan Deora, R P For Woolways ...

Mr. Siddharth Nayar, Proprietor of Woolways Exports ...Appellant

Versus

Mr. Sanjeve Bhushan Deora, R P for Woolways Exports & Anr. ...Respondents

For Appellant: Mr. Yajur Bhalla, Advocate For Respondent: Mr. Sanjeve Bhushan Deora - RP

ORDER

30.04.2019 - The Appellant filed an application before the Adjudicating Authority

(National Company Law Tribunal), New Delhi for rectification of the order earlier

passed on 14.11.2018 on the application filed by Appellant in CA No.

249/C/III/ND/2018 which had directed Appellant to remit a sum of Rs.

16,95,000/-. The impugned order dated 14.11.2018 reads as follows: -

"CA No. 414/C-III/ND/2018 : This CA has been filed for

rectification of the Order filed on behalf of Siddharth

Nayar Proprietor of Woolways Exports (Applicants) in

Company Appeal (AT)(Ins) No. 463 of 2019 ....contd. 2

CA No. - 249/C-III/ND/2018 directing the respondents

to remit a sum of Rs. 16,95,000/- and pursuant to the

directions dated 14.11.2018, Ld. RP represents that an

appeal was filed before the Hon'ble NCLAT and the

Hon'ble NCLAT vide its order dated 08.04.2019,

dismissed the same. Ld. Counsel for the RP brings to the

notice of this Tribunal the order dated 14.11.2018 which

has been passed by this Tribunal and disposed off by

Hon'ble NCLAT in the Appeal dated 08.04.2019.

In the circumstances, we do not find any merits as rightly

submitted by RP that the order rendered is substantive

and this Tribunal cannot review its own order and to

consider this application filed under Section 420 of the

Companies Act, 2013 and this application hence stands

dismissed.

Company Appeal (AT)(Ins) No. 463 of 2019 ....contd. 3

Consequent upon the dismissal of the appeal

passed by Hon'ble NCLAT in CA No. 414/C-III/ND/18,

the respondents in application CA No. 249/C-

III/ND/2018 to show cause as to why action should not

be taken against the respondents due to non-compliance

of the order dated 14.11.2018."

When it was pointed out the Appellant submitted that he earlier moved an

application against order dated 14th November, 2018 which was not entertained by

this Appellate Tribunal. It is submitted that the said appeal was dismissed on the

ground of delay. That means now the Appellant wants to revive the same by asking

the Adjudicating Authority to modify the order by new one.

We find no merit in this appeal and the appeal is dismissed. No costs.

[Justice S.J. Mukhopadhaya] Chairperson

[Justice A.I.S. Cheema] Member (Judicial)

[Kanthi Narahari] Member (Technical)

ss/gc/

Company Appeal (AT)(Ins) No. 463 of 2019