Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

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

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....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.....