9911796707
TMI Blog2024 (9) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... ting the judgment was available to be pleaded in the original action but was not done or where a proper remedy in some other proceeding such as by way of appeal or revision was available but was not availed. The right to seek vacation of a judgment may be lost by waiver, estoppel or acquiescence.' Admittedly the order dated 20th December, 2023 did not fall within the four conditions as enumerated in para 8 of Budhila Swain. Instead of filing an appeal against the order dated 20.12.2023, the appellant had preferred a recall application, not permissible under Rule 11 of NCLT Rules. There are no illegality in the impugned order dated 05.04.2024 - there is no merit in this appeal and accordingly it is dismissed. - ( Justice Yogesh Khanna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the merits of the case vide the impugned order. 4. The learned senior counsel for respondent appears on advance notice and took a primary objection that this appeal is not maintainable as the appellant had not filed any appeal against the impugned order dated 20th December, 2023 and this appeal being only against the impugned order 5th April, 2024 seeking restoration of order dated 20.12.2023, it be dismissed. Admittedly appeal against the order dated 20th December, 2023 is now barred by limitation and that this appeal does not challenge order dated 20.12.2023. Now the argument of the Ld. Counsel for the appellant is the requisite documents could not be filed before Ld. NCLT as the appellant was seriously ill and was bed ridden during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 11 of the NCLAT Rules, 2016. Power of recall is not power of the Tribunal to rehear the case to find out any apparent error in the judgment which is the scope of a review of a judgment. Power of recall of a judgment can be exercised by this Tribunal when any procedural error is committed in delivering the earlier judgment; for example; necessary party has not been served or necessary party was not before the Tribunal when judgment was delivered adverse to a party. There may be other grounds for recall of a judgment. Well known ground on which a judgment can always be recalled by a Court on ground of fraud played on the Court in obtaining judgment from the Court. We, for the purpose of answering the questions referred to us, need not f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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