Small Industries Development Bank Of ... vs Dinesh Chanabha Sodha
- CitationCompany Appeal (AT) (Insolvency) No. 142 of 2025
Ratio decidendi
The rule this decision rests on
A recall application against an order under Section 95 of the Insolvency and Bankruptcy Code, 2016 is confined to the grounds recognised for recall, and grounds falling outside those recognised grounds cannot sustain a recall; the Adjudicating Authority's rejection of such a recall application, on the ground that the stated grounds are not among the recognised grounds, is not erroneous and the appeal against it fails.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Small Industries Development Bank of India ...Appellant Versus Shri Dinesh Chanabha Sodha S/O Shri Chanabha Sodha ...Respondent
Present: For Appellant : Ms. Bharti Nawlani, Advocate.
For Respondent :
ORDER
(Hybrid Mode)
20.02.2025 : I.A. No. 476/2025
1. This is an Application praying for condonation of 49 days delay in
refiling of the Appeal.
2. Sufficient ground has been made in Paragraph 2 of the Application.
Refiling delay condoned.
Comp. App. (AT) (Ins.) No. 142/2025
1. Heard Counsel for the Appellant.
2. This Appeal has been filed against an Order dated 09.10.2024 passed
by the Adjudicating Authority rejecting the Application I.A. No. 4406/2024
praying for recall of the Order dated 04.07.2024.
3. By Order dated 04.07.2024, Section 95 Application filed by the
Appellant was rejected on merits. Appellant thereafter has filed a recall which
has been rejected by the Adjudicating Authority. The grounds of recall were too limited as has been laid down by this Tribunal in the matter of `Union
Bank of India (Erstwhile Corporation Bank)' Vs. `Mr. Dinkar T.
Venkatsubramanian & Ors.' in I.A. No. 3961/2022 in Comp. App. (AT)
(Ins.) No. 729/2020. The grounds raised in the Application are not covered
by any of the grounds which are recognised ground for recall.
4. We thus do not find any error in the Order passed by the Adjudicating
Authority rejecting the recall.
Appeal dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 142 of 2025 & I.A. No. 476 of 2025 2 of 2
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