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TMI Blog2021 (12) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... wer to recall the judgment is not permitted in IBC - application dismissed. - I.A. No. 2068 of 2021 IN Company Appeal (AT) (Insolvency) No. 412 of 2020 - - - Dated:- 9-12-2021 - [Justice Anant Bijay Singh] Member (Judicial) And [Ms. Shreesha Merla] Member (Technical) For the Appellant : Mr. Abhishek Kumar Srivastava and Mr. Aditya Sharma, Advocates For the Respondent : Ms. Priya Hingorani, Sr. Advocate with Mr. Himanshu Yadav, Advocate for Applicants in I.A. No. 2068/2021 ORDER Justice Anant Bijay Singh; 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under Section 8(1) of the I B Code was not responded to by the Corporate Debtor. Therefore, we have no hesitation in holding that the Appellant- Financial Creditor was entitled to raise the invoice dated 20.04.2019 in regard to the unpaid balance amount of ₹ 2,05,00,000/- in respect whereof default was committed by the Corporate Debtor who admittedly paid only ₹ 75 Lakhs as part payment. 8. In view of the foregoing discussion on merits of the case, we are of the considered opinion that the Adjudicating Authority has landed in error 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 gross ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Guardian Homes Pvt. Ltd. till the pendency of the present Application; d) pass such other/further Order9s) as deemed fit and proper in the interest of justice. 4. Vide minutes of the Hon ble Chairperson dated 22.11.2021, the matter was directed to be listed before this Bench comprising Hon ble Mr. Justice Anant Bijay Singh, Member (Judicial) and Hon ble Ms. Shreesha Merla, Member (Technical) and the matter was heard. 5. The Learned Counsel for the Respondent/Applicant submitted that this Hon ble Appellate Tribunal, vide Order dated 08.12.2020, has committed an 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sposing of any proceeding before it or, as the case may be, an appeal before it, be bound by the procedure laid down in the Code of Civil Procedure, 1908(5 of 1908), but shall be guided by the principles of natural justice, and, subject to the other provisions of this Act [or of the Insolvency and Bankruptcy Code, 2016 (31 of 2016)] and of any rules made thereunder, the Tribunal and the Appellate Tribunal shall have power to regulate their own procedure. 9. It is further submitted that Rule 11 of the NCLAT Rules, 2016 vests inherent powers on this Hon ble Appellate Tribunal to make 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 pow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication i.e. I.A. No. 2068 of 2021 before this Appellate Tribunal. 12. After hearing the Learned Counsel for the Respondent/Applicant and provisions of law including Section 424(1) of the Companies Act, 2013 and also Rule 11 of NCLAT Rules, 2016, we are of the considered view that the aforesaid judgment of this Appellate Tribunal passed in Company Appel (AT) (Insolvency) No. 412 of 2020 dated 08.12.2020 has been challenged before the Hon ble Supreme Court in Civil Appeal No. 1813 of 2021 (Guardian Homes Private Limited Vs. Apya Capital Services Private Limited) and the Hon ble Supreme Court vide order dated 01.07.2021 dismissed the Appeal filed by the Respondent/Applicant. Therefore, the judgment passed by this Appellate Tribunal merged ..... X X X X Extracts X X X X X X X X Extracts X X X X
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