2025 (11) TMI 1210

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....ell as Ld. Counsel for the Respondent. 2. This Appeal has been filed against the order dated 20.06.2024 passed by National Company Law Tribunal, Mumbai Bench-I, by which the CA No. 121/2022 filed by the Appellant to recall/review the order judgment dated 18.07.2019 has been dismissed in Company Petition No. 3638/2018 filed under Section 241 and 242 of the Companies Act 2013. An order was passed by the NCLT dated 18.07.2019 directing impleadment of the several persons including the Appellant on second SFIO Investigation Report. 3. The Appeal was filed by the Appellant and the certain other individuals challenging the orders dated 18.07.2019, Appellant has filed Company Appeal No. 215/2019 Uday Ved Vs. Union of India. All the appeals in....

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....r the Respondent submits that the Application which was filed by the Appellant in CA No. 121/2023 before NCLT was not maintainable to recall/review order dated 18.07.2019. It is submitted that order 18.07.2019 was challenging in appeal before the NCLAT which appeal was dismissed. Hence, the order dated 18.07.2019 merged with the order of this Tribunal and the fact that Civil Appeal filed against the said order was also dismissed as withdrawn shall have no effect on the merger and the application was clearly not maintainable to recall the order 18.07.2019. It is further submitted that the sheet anchor of the argument of the Appellant is order of the Supreme Court in Neera Saggi and Renu Challu whereas the said judgment was decided on 15.02.2....

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....spect to any of the proposed remedies on which the rights and contentions of the parties are kept open. 4. The order passed by the Supreme Court clearly indicate that the appeal was dismissed as withdrawn on the statement made by Counsel for the Appellant that Appellant could withdraw the present appeal in order to enable him to pursue the appropriate remedy in accordance with law before the National Company Law Tribunal. The Supreme Court dismissed the appeal as withdrawn but has further observed that it is not expressing an opinion with respect to any of the proposed remedies in which the right contentions of the parties are kept open. The first argument which has been raised by the Respondent is that Application which was filed by the....