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Judgment
This is an application praying for recall of the order dated 08.01.2025 passed by this Tribunal in IA No. 7159 of 2024 in CA (AT) (Ins) No. 823 of 2023. The prayer made in the application is to the following effect:-
“It is therefore most respectfully prayed that the Hon’ble Court may be pleased to:
(a)Allow the present application;
(b)Recall the order dated 08.01.2025 passed in I.A. No. 7159 of 2024 in Company Appeal (AT)(Insolvency) No. 823 of 2023;
(c)Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
The order dated 08.01.2025 was passed after hearing the Ld. Counsel for the applicant as well as the other parties to the application. Shri Jay Savla, Ld. Sr. Counsel appearing for the appellant in support of the application contend that there are certain incorrect findings in the order which need to be corrected. He further submits that order was passed by this Tribunal with respect to replacement of the Appellant with regard to which appellant has no grievance. Ld. Counsel for the respondent submits that against the order impugned Civil Appeal Diary No. 6946 of 2025 was filed by appellant which was withdrawn on 01.04.2025.
The jurisdiction to recall the judgment are too limited as has been laid down by the Hon’ble Supreme Court in 2024 SCC OnLine SC 122 Greater Noida Industrial Development Authority v. Prabhjit Singh Soni & Anr. The order dated 08.01.2025 was passed by this Tribunal after hearing the appellant and other parties. We are of the view that the present application is filed as an application for recall which in substance in application seeking review of the judgment. We do not have any jurisdiction to review our judgments and the grounds which have been made in the application are not sufficient to recall the order which was passed after hearing the appellant. We thus are of the view that no relief can be granted in the application, the order cannot be recalled hence the application is rejected.
Shri Jai Savla further submits that any observation made in the order should not be influenced by Regulatory Authority who are considering complaints against the Applicant.
The Ld. Counsel for the Appellant prays for fixing a date in the appeal.
List this appeal on 30.04.2025 at 02:00 P.M.