9911796707
TMI Blog2021 (12) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... The instant Application bearing I.A. No. 2068 of 2021 has been filed on behalf of the Respondent/Applicant under section 424(1) of the Companies Act, 2013, as amended, read with Rule 11 of the National Company Law Appellate Tribunal Rules, 2016 with a prayer to recall of the judgment and order dated 08.12.2020 passed by this Appellate Tribunal. The relevant authoritative portion of the final judgment and order dated 08.12.2020 is reproduced below: " 9. For the reasons recorded hereinabove, we allow the appeal and set aside the impugned order. The Adjudicating Authority is directed to admit the application of Appellant under Section 7 of the 'I&B Code' after providing an opportunity to the Respondent - Corporate debtor to settle the claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or in holding that there was no 'debt' as claimed by the Appellant and there was 'deficiency in service' provided by the Appellant. The findings recorded by the Adjudicating Authority are grossly erroneous and same cannot be supported. Once the liability in respect of Rs. 75 lakh was admitted and the same was not discharged by the Corporate Debtor, dispute in regard to quantum of debt would be immaterial at the stage of admission of application under Section 7 unless the debt due and payable falls below the minimum threshold limit prescribed under law. The impugned order is liable to be set aside as the same is unsustainable. 9. For the reasons recorded hereinabove, we allow the appeal and set aside the impugned order. The Adjudicating Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ex-facie error apparent on the fact of record since it has treated the Appellant as a 'Financial Creditor' under IBC and the Application preferred by it before the Hon'ble NCLT, Mumbai as the one filed under Section 7 of IBC when it is apparent from the record and also an admitted case of the Appellant that he is an 'Operational Creditor' and had preferred the Application under Section 9 of IBC. 6. It is further submitted that this Hon'ble Appellate Tribunal has accordingly erred to hold that dispute in regard to quantum of debt would be immaterial at the stage of admission of the said application unless the debt due and payable falls below the minimum threshold limit prescribed under law. 7. It is further submitted that this Hon'ble Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such orders or give directions as may be necessary for meeting the ends of justice. The Rule 11 of the NCLAT Rules, 2016 as hereunder: "11. Inherent powers.- Noting in these rules shall be deemed to limit or otherwise affect the inherent powers of the Appellate Tribunal to make such orders or give such directions as may be necessary for meeting the ends of justice or to prevent abuse of the process of the Appellate Tribunal." 10. From the perusal of the record it appears that earlier the Appellant has filed the I.A. No. 3012 of 2020 (I.A. No. 1154 of 2020) in Company Appeal (AT) (Insolvency) No. 412 of 2020, this Appellate Tribunal has passed the following orders: " ..... Learned Counsel for the Appellant submits that Learned Counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01.07.2021 dismissed the Appeal filed by the Respondent/Applicant. Therefore, the judgment passed by this Appellate Tribunal merged with the order passed by the Hon'ble Supreme Court. 13. We have also of the considered view that neither Section 242 (1) of the Companies Act, 2013 nor Rule 11 of the NCLAT Rules, 2016 gives power to this Appellate Tribunal to recall the judgment passed by this Appellate Tribunal, after the judgment dated 08.12.2020 was questioned before the Hon'ble supreme Court in Appeal and the Appeal was dismissed by the Hon'ble Supreme Court. 14. This Appellate Tribunal also takes note of the fact that the order dated 02.09.2021 passed in I.A. No. 3012 of 2020 and I.A. No. 1154 of 2020 in Company Appeal (AT) (Insolvency) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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