TaxTMI 
TaxTMI 
2026 (3) TMI 1249
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....2025 (IA No. 1111/ 2025) - -<br>Insolvency & Bankruptcy<br>JUSTICE SHARAD KUMAR SHARMA MEMBER (JUDICIAL) AND JATINDRANATH SWAIN MEMBER (TECHNICAL) For the Appellant : Mr. Avinash Krishnan Ravi, Advocate For the Respondents : Mr. Pranava Charan, Advocate ORDER Heard Ld. Counsel for the parties in each of these company appeals. As they engage consideration of common question of fact and law, the same for the purposes of brevity, are being decided together. 2. The challenge in the company appeals as given are detailed hereunder: - (i) In Company Appeal (AT) (CH) (Ins) No.369/2025, the challenge is to the impugned order of 10.03.2025, that was passed in IA(IBC)/935/2025 in C.P. (IB)/155/95/HYD/2023. (ii) In Comp....
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....f the respective company appeals were rejected on merits. 5. The prayer has sought for each of these company appeals has been vehemently opposed by the Ld. Counsel for the Respondent on the ground that, (i) The nature of IA, which was respectively preferred by the Appellants in each of the company appeals will amount to be, recalling of an order, which has been passed by the Ld. Tribunal, which could only be recalled subject to the condition that, it has been established that, it was an order obtained by playing fraud or misrepresentation, otherwise, there is no scope available with the Ld. NCLT having passed the orders on merits, for recalling the earlier orders closing the opportunity of the Appellants from filing Counter Affi....
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....0.03.2025, had been raised by the Respondents, before Ld. NCLT at any point of time, nor the same has been described to be as the reason for passing the impugned order. 7. Even otherwise, also, it is settled down by the Hon'ble Apex Court in the judgment rendered in AIR 1977 SCC Online SC 323, Mohinder Singh Gill & Another V The Chief Election Commissioner, New Delhi & Others, that an opposite party to the proceedings cannot, during the course of argument or by way of a pleading in the shape of counter, can, develop a case which has been not taken into consideration by a Tribunal, while deciding an issue and which was not the ground for deciding the matter. The opposite party to the proceedings will have to confine his argument to the fi....
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....of 2002, with effect from 01.07.2002, is concerned, the same has been diluted by the subsequent judgments rendered by the Hon'ble Apex Court, particularly that in the matter of Salem Advocate Bar Association, Tamil Nadu V Union of India, it has been laid down that a rigid stand with respect to adherence to a rigid time frame to file Counter Affidavit may not be taken in order to facilitate and meet the ends of justice. Though we cannot rule out lapses on part of the Appellant, as such, which has been recorded in the order, it is not required to be ventured into by this Appellate Tribunal in the exercise of its Appellate jurisdiction. Hence, we do not intend to disturb the findings recorded in the impugned order. But simultaneously, we wi....