TaxTMI 
TaxTMI 
2024 (9) TMI 626
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....en filed by the appellant under Section 421 of the Companies Act, 2013 against the order dated 5th April, 2024 passed by the Ld. National Company Law Tribunal, Mumbai Bench in Restoration Application No. 7 of 2024 in CP No.4024 of 2018. 2. The brief facts are the appellant had filed a Company Petition No.4024/2018 before the Ld. NCLT Mumbai for several acts of oppression and mismanagement carried out by the Respondent No.2 and 3, more specifically narrated in the original company petition and the present appeal. It is alleged though the Ld. NCLT had substantially heard the matter on merits of the case on multiple issues but dismissed the company petition on account of inability of 80 years old appellant to provide certain information due t....
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....hree daughters of the appellant. There is no explanation given as to why those three petitioners did not file the requisite documents. It rather shows the recall application was filed through this appellant taking advantage of her precarious health condition, lest the other three petitioners therein ought to have explained the delay. 5. We have heard the parties. It is apparent that the order dated 20th December, 2023 was an appealable order and admittedly no appeal was filed against such order and instead recall application was filed which perse was also not maintainable in law. 6. In Union Bank of India (erstwhile Corporation Bank) Vs Dinkar T Venkatasubramanian and others 2023 SCC Online NCLAT 283, this Tribunal held:- "20. The above....
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....eason to interfere with the impugned order. Insofar as the endeavour of Learned counsel for the appellant to urge on the facts of the case is concerned, that would be a matter to be considered, dependent on the fate when the matter is placed before the appropriate Bench, to be decided on merits. The Civil Appeal is dismissed. 8. In Budhia Swain and others Vs Gopinath Deb and others 1999 4 Supreme Court Cases 396 the Hon'ble Supreme Court held as under:- "8. In our opinion a tribunal or a court may recall an order earlier made by it if (i) the proceedings culminating into an order suffer from the inherent lack of jurisdiction and such lack of jurisdiction is patent, (ii) there exists fraud or collusion in obtaining the judgment,....