TaxTMI 
TaxTMI 
2021 (5) TMI 225
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....ed touch upon the merits of the allegations of perjury levelled by the Petitioner with respect to the alleged false statements made in counter affidavit on 24.02.2010 filed in CCP(Co.) No. 1/2009. The prayers made in the review petition are as follows: "1. Review and recall the judgment dated 13-8-2020. 2. Consequently, pass orders, committing the prospective accused to criminal trial for having committed the heinous offence of perjury in relation to the proceedings before the Hon'ble High Court of Delhi. In the alternative to prayer (2) above : 3. Deeming it expedient to direct for conducting of criminal enquiry, direct the Ld. Registrar (Vigilance) of this Hon'ble Court to conduct a Preliminary Enquiry ....
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.... "21. In fact, though the learned Senior Counsel for the parties had argued the matters before us at length on the previous occasions, at the stage of conclusions of the arguments, the learned Senior Counsel Mr. Cama appearing for Khosla Group suggested for an early decision of the Company Petition before the CLB as a better alternative so that at least main dispute between the parties is adjudicated upon at an early date. He was candid in his submission that the issues which are subject matter of these two Special Leave Petitions and arise out of the proceedings in the High Court, have their origin in the orders dated 31.1.2008, which is an interim order passed by the CLB. He thus, pointed out that once the Company Petition itself ....
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....o become otiose." (emphasis added) 4. In view of the directions of the Supreme Court, this Court had disposed of the present petition with the following observations: "22. The only aspect on which some directions need to be given are, as to what should be the interim arrangement. The Bakshi Group wants orders dated 31.1.2008 passed by CLB to continue the interregnum. The Khosla Group on the other hand refers to orders dated 11.4.2008 as it is their submission that this was a consent order passed by the High Court after the orders of the CLB and, therefore, this order should govern the field in the meantime. 23. After considering the matter, we are of the opinion that it is not necessary to either enforce orders dated 31....
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....f the directions of the Supreme Court, it was appropriate if the issue involved in the present petition was also taken by the Petitioner before the NCLT. However, the Co. Pet. 114/2007 itself stands withdrawn on 07.02.2020 and therefore, the judgement be recalled and reviewed and the present petition be decided by this Court. 6. It was further urged that even otherwise, the present petition pertains to false statements made in an affidavit filed before this Court and thus, the same be heard on merits by this Court, without relegating the Petitioner to NCLT and orders be passed committing the prospective accused to criminal trial for having committed the heinous offence of perjury in relation to the proceedings before this Court. In the a....
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....n does not lie under the Code of Criminal Procedure, 1973, except for clerical and arithmetical errors. However, after much cogitation, I am of the view that the judgement deserves to be recalled for the reason set out hereinafter. 10. The Supreme Court, vide its judgement dated 08.05.2014, in view of the consensus between the parties, set a course of action, to decide the disputes between the parties and directed CLB (now NCLT), to decide the Co. Pet. 114/2007 pending before it as well as the application under Section 340 Cr.P.C. in Crl.M.(Co.) No. 3/2008. 11. Finding that the allegations of perjury levelled in the present petition directly or indirectly touched upon the issues pending before the NCLT, this Court was of the view that....
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....petition to be taken on record in substitution of the earlier petition shall be without prejudice to the right of the Respondents to oppose the correctness/veracity of the post amendment version in due course, such as, as and when notice is issued on the Company Petition. 4) Pass ex-parte orders as prayed for above." 13. NCLT allowed prayer (1) and thus, Co. Pet. 114/2007 stood withdrawn with liberty to file the Company Petition afresh, within three days of the withdrawal. Relevant part of the order is as follows: "13. Hence we are of the view that it will be in the interest of expeditious disposal of the main petition CP No. 114/2007 that the prayer (1) is granted. 14. Since the prayer (1) is granted, the othe....