2025 (11) TMI 1863

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....am, Sagar Thabbar, Adv. for R2 ORDER I.A No. 5716 of 2025: This is an application praying for recall of our judgment dated 21.11.2024. In the application, following prayers have been made:- "a. Pass an order recalling the order dated 21.11.2024 passed by this Hon'ble Appellate Tribunal in Company Appeal (AT) (Insolvency) No. 1528 of 2024; and/or b. After recalling the order dated 21.11.2024, reconsider the merits of the appeal and the legal issues raised, particularly the impact of the fraudulent Resolution Plan and the procedural lapses; and/or c. Tag the present Appeal with Appeal No.1531 of 2024. and/or d. Pass any other relief or reliefs as this Hon'ble Tribunal may deem fit in with the facts an....

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....sel for the Respondent submits that the appeal against order dated 25.04.2024 has been filed beyond the condonable period, hence, the same cannot be condoned. In so far as Company Appeal (AT) (Ins.) No. 1531 of 2024 is concerned, there is delay of only 6 days i.e. within the condonable period. After hearing learned counsel for the parties, we are of the view that delay condonation application I.A. No. 5536 of 2024 in Company Appeal (AT) (Insolvency) No. 1528 of 2024 praying for condonation of delay which is beyond 15 days cannot be accepted. I.A. No. 5536 of 2024 is rejected. In result, memo of appeal of Company Appeal (AT) (Insolvency) No. 1528 of 2024 challenging order dated 25.04.2024 is also rejected. .......... " 3....

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....elf the Appellant has raised the ground of Section 14 of the limitation act as well as the fraud. He has referred to ground question of law (B) and (P). He submits that after the dismissal of the appeal, the said grounds cannot be permitted to reurge. 6. We have considered the submissions of the parties and perused the record. 7. The present application is filed for recalling of the judgment. The ground for recall of judgment is well settled. We refer the judgment of the Hon'ble Supreme court in the case of Greater Noida Industrial Development Authority Vs. Prabhjit Singh Soni & Anr. (2024) 6 SCC 767 and the judgment of this Court in the case of Union Bank of India vs. Dinkar T. Venkatasubramanian & Ors., Company Appeal (AT) (Ins.) No....