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TMI Blog2024 (4) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... ke the present application on record and into onsideration; and ii. Allow the present application and recall order dated 1.3.2024 passed by this Hon'ble Appellate Tribunal in I.A. no. 2316 / 2023 in Company Appeal (AT) (Ins.) no. 152 / 2020 tilted Viveck Goel Vs. Pooja Finelease and Anr. (now Akasa Finance Pvt. Ltd.); and iii. Waive off the cost imposed vide order dated 1.3.2024 passed by this Hon'ble Appellate Tribunal in I.A. no. 2316 / 2023 in Company Appeal (AT) (Ins.) no. 152 / 2020 titled Viveck Goel Vs. Pooja Finelease and Anr. (now Akasa Finance Pvt. Ltd.); and Pass any 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eview, no exception can be taken to that part of the judgment. We, however, hold that the judgment laying down that this Tribunal has no power to recall the judgment does not lay down correct law. 27. In view of the foregoing discussion, we answer the questions referred to this Bench in following manner: 27.1 I: This Tribunal is not vested with any power to review the judgment, however, in exercise of its inherent jurisdiction this Tribunal can entertain an application for recall of judgment on sufficient grounds. 27.2 II & III: The judgment of this Tribunal in "Agarwal Coal Corporation Private Limited vs Sun Paper Mill Limited & Anr." and "Rajendra Mulchand Varma & Ors vs K.L.J Resources Ltd & Anr." observing that this Tribunal canno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,97/- Total penalty arrears/ charges Rs. 90,368/- Other pending charges/ interest NIL Date of default: The date of default as per the Loan Agreement is 15-Mach-2019. 3. The Adjudicating Authority issued notices. Reply was filed by the Corporate Debtor. In the Reply, the Adjudicating Authority noticed the Reply of the Respondent, in paragraph 2 (ii) following was stated: " (ii) Since availing the financial assistance from the Applicant, the debtor has continuously been paying installments on time. Subsequently , seeing the performance the Applicant sanctioned finance in February 2019 , however due to the huge loss in the business, the Respondent could not maintain the regular repayment . " 4. Adjudicating Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X
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