Recall of prior dismissal follows withdrawal of related company petition; merits of perjury allegations remain undecided.

A prior judgment declining to entertain a petition because related company proceedings were pending before the CLB/NCLT was recalled after the company petition was later withdrawn with liberty to file afresh. The Court held that the later NCLT order changed the foundational basis of the earlier disposal and that the subsequent record could not be ignored. Accordingly, the earlier judgment was recalled. The Court expressly left open the merits of the perjury allegations and declined to examine them.

---

---

Issues: Whether the earlier judgment declining to entertain the petition on the footing that the related company petition was pending before the NCLT required recall after that company petition had been withdrawn.

Analysis: The petition was earlier disposed of without examining the merits because the disputes were linked to proceedings pending before the CLB/NCLT, pursuant to the course of action earlier indicated by the Supreme Court. The subsequent NCLT order allowing withdrawal of the company petition with liberty to file afresh altered the foundational premise on which the earlier disposal rested. In those circumstances, the Court held that it could not ignore the subsequent court record and that the basis for declining to entertain the petition had ceased to exist. The Court therefore recalled the earlier judgment, while expressly declining to enter into the merits of the allegations of perjury.

Conclusion: The recall application was allowed and the earlier judgment was recalled; the merits of the perjury allegations were left open.

---