Delay in Re-filing Appeals Condoned but Recall Application Rejected After Resolution Plan Attained Finality Under IBC

The NCLAT condoned the delay in re-filing appeals but ultimately dismissed the appellant's case. The Tribunal held that the appellant could not file a recall application alleging fraud after the resolution plan approval order dated 30.05.2022 had already been affirmed by the Appellate Court on 28.09.2022 and finalized by the Supreme Court on 11.03.2024 when the appellant withdrew their appeal under Section 62 of IBC. The NCLAT emphasized that once an order is affirmed through the appellate process, it attains finality, precluding subsequent recall applications regardless of when knowledge of alleged fraud was acquired. The dismissal of applications by the impugned order was found free from apparent error and did not warrant appellate interference. .....

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