2022 (10) TMI 383

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....] Member ( Judicial ) , [ Mr. Kanthi Narahari ] Member ( Technical ) And [ Dr. Alok Srivastava ] Member ( Technical ) For the Applicants : Mr. Yash Anand, Applicant in I.A. No. 3303 of 2022 For the Respondents : None for Respondents ORDER [ Per. Dr. Alok Srivastava , Member ( Technical ) ] The Applicant has filed IA No. 3303 of 2022 in CA(AT)(Ins) No. 359 of 2020, which is an application under Rule 11 of NCLAT Rules, 2016 for clarification & recall of the certain observations from the order dated 20.7.2022 passed by this tribunal in CA (AT)(Ins.) No. 359 of 2020. 2. The Applicant has submitted in the application that his contempt petition filed before the NCLT is pending and, therefore, the observations of this tribunal in the order d....

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....2006) 11 SCC 114 and in Bank of Baroda vs. Sadruddin Hasan Daya and Anr. (2004) 1 SCC 360 and the judgment of Hon'ble Bombay High Court in the matter of Nirmal Urban Co-operative Bank Ltd. v. Mamta Keneddy Naidu (Contempt Petition No. 259 of 2017 in Writ Petition No. 5344 of 2016). Citing these judgments, he has contended that if an order or decree of a court is executable, and it is wilfully disobeyed by a party, a contempt petition is maintainable in addition to the right of execution of decree. In the light of judgments of Hon'ble Supreme Court and Hon'ble Bombay High Court and his contention that certain observations in the order dated 20.7.2022 relating to filing of contempt petition are uncalled for and unwarranted, he prays for recal....

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.... appeal of the order of NCLT/Adjudicating Authority are provided. Section 62 of the IBC provides for filing of appeal to Hon'ble Supreme Court on the question of law arising out of an order of NCLAT. 8. It is noted that in the matter of Agarwal Coal Corporation Pvt. Limited vs. Sun Paper Mills Limited (2018) 1 SCC 407 passed by the NCLAT, it is held that "in the absence of any power of 'review' or 'recall' vested with the Adjudicating Authority/Appellate Authority, any order/judgment passed by it cannot be either reviewed or recalled". It is further held by NCLAT in the same judgment that a judgment passed by the Tribunal becomes 'conclusive', 'final' and 'binding' and the Applicant cannot take recourse to rule 11 of the NCLAT Rules, 2016,....

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....ers under Section 151 of the CPC, it cannot be said that the civil courts can exercise substantive jurisdiction to unsettle already decided issues. A Court having jurisdiction over the relevant subject matter has the power to decide and may come either to a right or a wrong conclusion. Even if a wrong conclusion is arrived at or an incorrect decree is passed by the jurisdictional court, the same is binding on the parties until it is set aside by an appellate court or through other remedies provided in law. 28. Section 151 of the CPC can only be applicable if there is no alternate remedy available in accordance with the existing provisions of law. Such inherent power cannot override statutory prohibitions or create remedies which are not c....