2025 (7) TMI 848

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....) IA No. 2116 of 2025 has been filed in Company Appeal ( AT ) ( Ins. ) No. 642 - 644 of 2023 by Mr. Vir Jai Khosla-Applicant under Rule 11 of the NCLAT Rules for video recording of the proceedings in the above appeals. 2. To put things in their chronological perspective, in the CIRP of Essar Steel India Ltd. (ESIL), the resolution plan of Arcelor Mittal India Pvt. Ltd. (AMIPL) (now merged with Arcelor Mittal Nippon Steel India Pvt. Ltd.) was approved by the Adjudicating Authority on 08.03.2019 and affirmed by this Tribunal on 04.07.2019. This plan was further upheld by the Hon'ble Supreme Court on 15.11.2019 in Committee of Creditors Vs Satish Kumar Gupta & Ors. (2020) 8 SCC 531. Another entity, Odisha Slurry Pipeline Infrastructure Ltd. ....

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....dated 21.02.2023. After satisfying itself that the order dated 21.02.2023 was not based on any fraudulent statement, this recall application was rejected by the Adjudicating Authority on 17.03.2023. 5. The present Applicant has now filed Company Appeal No. 642-644 of 2023 against the orders of the Adjudicating Authority dated 21.02.2023 and 17.03.2023 respectively in IA No. 832 of 2022 and IA No. 283 of 2023 in C.P.(IB) No. 40 of 2017. IA No. 2130 has been filed by the Applicant under Order-I (Rule 8A) of the CPC alongwith the Company Appeals praying for formal orders that the present appeal be heard and decided ex-parte. 6. However, when the Company Appeals came up for hearing before us on 15.04.2025, the Learned Counsel for the Applican....

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....with accuracy so as to ensure the accountability of all the actors in these proceedings. 8. At this juncture, it may be useful to refer to the relevant portions of the aforesaid Administrative Order in the context of recording of proceedings as envisaged under the extant Revised Standard Operating Procedure devised by this Tribunal for virtual mode hearing under its auspices which is as extracted below : " 15. We have already noticed Revised SOP issued by the NCLAT where recording and use in any manner of the proceedings of the hearing through VC is strictly prohibited. In view of what has been noted above, on viability of the directions sought in the writ petition concerning recordal of proceedings, following is directed:- (i) The rec....

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....ibunal and most importantly that of the Hon'ble Apex Court. Both the resolution plans of ESIL and OSPIL have also been fully implemented. It is also apparent from material on record that the present Applicant did not participate in the CIRP proceedings of ESIL or OSPIL not being a party therein. It would not be off the mark for us to take the view that till the stage of plan approval, this Applicant was nowhere in the picture. Therefore, the question of the Applicant having agitated their cause on account of their interests having been adversely touched or affected, either substantially or marginally, either at the stage of CIRP proceedings of ESIL or OSPIL or until approval of the plan clearly does not arise. The Applicant came into the li....