9911796707
TMI Blog2025 (3) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... ch was dismissed on 28.09.2022 - HELD THAT:- The delay in re-filing the appeals was satisfactorily explained and thus condoned. The Appellant cannot take a leverage while pressing upon these Appeals against the rejection of the Interlocutory Applications preferred by him before the learned NCLT, contending thereof that, since there was an element of fraud, he can still file a Recall Application before the learned NCLT despite the Judgment by Appellate Court itself, because, that would have been the primary Court where the question of fraud could have been gone into. This contention of the learned counsel for the Appellant is not acceptable for the reason being that, even if the Appellant later on has acquired the knowledge of commission o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicial): 1. These are two Company Appeals being Company Appeal (AT) (CH) (INS) No. 100 / 2025 and Company Appeal (AT) (CH) (INS) No. 101 / 2025 are accompanied with IA No. 276 / 2025, praying for a condonation of 99 days of delay, which has chanced in re-filing the Appeal. 2. Company Appeal (AT) (CH) (INS) No. 101 / 2025 is accompanied with a Condone Delay Application in re-filing the Appeal being IA No. 278 / 2025, seeking condonation of 30 days of delay in re-filing. 3. In each of these appeals, the number of days of delay which has been sought to be condoned in re-filing happens to be 99 days and 30 days respectively. 4. The learned counsel for the Appellant had assigned reasons for delayed preference of the Appeal, by raising a plea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant has invoked Section 62 and had filed an Appeal before the Hon'ble Apex Court challenging the Judgment passed by this Appellate Tribunal dated 28.09.2022. 9. The Company Appeal that has been preferred before the Hon'ble Apex Court was dismissed as withdrawn with the following observations: "7. At this stage, Ms. Haripriya Padmanabhan, Senior Counsel appearing on behalf of the appellants states that the appellants would wish to withdraw the Civil Appeals in order to enable them to pursue their remedies before the National Company Law Appellate Tribunal. 9. Since the appellant seeks to withdraw the appeals, we dismissed the appeals as withdrawn. 10. We have not expressed any opinion on the course of action which is propose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder no proposition of law, there can be a scope to file an application subsequently seeking recall of the said Order before the learned NCLT, in the light of the explanation given to Order IX Rule 13. 11. As far as the Judgment of 28.09.2022 is concerned, being the Appellate Court's Judgment, that in itself will attain finality in relation to the principal order passed by the Learned NCLT on 30.05.2022, approving the Resolution Plan. 12. In that eventuality, the Appellant cannot take a leverage while pressing upon these Appeals against the rejection of the Interlocutory Applications preferred by him before the learned NCLT, contending thereof that, since there was an element of fraud, he can still file a Recall Application before the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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