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2024 (4) TMI 630

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..... e Tribunal has a power to recall however, it has no jurisdiction to review a judgment and the circumstances under which the Court can recall a judgment has also been noted. It was further held that the recall disguised as review cannot be entertained. By the present application, although its styled as recall but Appellant is virtually asking the Court to review its judgment which was delivered after hearing the Appellant - Present application is misconceived on the ground which are submitted in the application the order cannot be recalled - application for recall is dismissed. Admission of section 7 application - existence of debt and dispute or not - HELD THAT:- Adjudicating Authority after hearing the parties noted that the only submissio .....

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..... y other further order as this Appellate Tribunal may deem fit and proper under the facts and circumstances of the instant case. 2. This application I.A. 2316 of 2023 was heard by this Tribunal on 01.03.2024. Counsel for present Applicant who was Appellant in the Appeal was also heard and order was passed after hearing. 3. Learned Counsel for the Applicant in support of the submission submits that certain facts have been missed out in the judgment of this Tribunal dated 01.03.2024. Hence, the order be recalled. He further submits that he confines his prayer to the deletion of the order by which the cost was imposed. 4. The jurisdiction of this Tribunal to recall an order has already been stated by the 5 Member Bench of this Tribunal in `Unio .....

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..... vs Sun Paper Mill Limited Anr. and Rajendra Mulchand Varma Ors vs K.L.J Resources Ltd Anr. observing that this Tribunal cannot recall its judgment does not lay down the correct law. 5. By the present application, although its styled as recall but Appellant is virtually asking the Court to review its judgment which was delivered after hearing the Appellant. 6. We are of the view that Application is misconceived on the ground which are submitted in the application the order cannot be recalled. The application for recall is dismissed. Comp. App. ( AT ) ( Ins. ) 152 of 2020 1. Heard Counsel for the Appellant and Respondent. 2. This Appeal has been filed against the order dated 20.12.2019, by which order Adjudicating Authority has admitted the .....

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