Arcelormittal Nippon Steel India Ltd vs Palco Recycle Industries Ltd. & Ors.

15.04.2024: I.A. No. 2320 of 2024:- This is an application filed by the Applicant praying for recall of the judgment and order passed by this Tribunal on 12.02.2024 in Company Appeal (AT) (Insolvency) No.274 of 2024. The Applicant who has filed the application for recall was Respondent No.2 in the Appeal. Appeal was filed against the order dated 09.01.2024 passed by Adjudicating Authority, Ahmedabad, Division Bench, Court-I by which order the Adjudicating Authority has recused itself from the matter. The order passed by the Adjudicating Authority has been quoted in paragraph 2 of the order. It has further been noticed by this Tribunal in order dated 12.02.2024 that the President by order dated 17.01.2024 has already assigned the matter to Court II. Noticing the aforesaid fact, the appeal was dismissed. It was observed by the Court that no purpose shall be served in entertaining the appeal. In result, the appeal was dismissed.

Shri Deepak Khosla, Learned Counsel appearing for the Applicant submits that the order needs to be recalled since various false statements were made with regard to e-mail dated 08.01.2024 on which pleadings were made by the Appellant that was a private communication by the Counsel for the Appellant before the Court. It is submitted that the said was not a private communication since the e-mail was marked to the Counsel for the other side and also forwarded to the President, NCLT. It is submitted that in the order dated 12.02.2024, paragraphs 8 to 11 be deleted. He further submits that the Appellant has spent huge money in filing the appeal which appeal is not maintainable since against the order of recusal, no appeal lies.

We have considered the submissions of the counsel for the applicant and perused the record. Applicant was Respondent No.2 in the appeal and appeal as noted above was filed against the order recusing by the Adjudicating Authority from hearing the matter and appeal having been dismissed by this Tribunal, paragraph 16 of the order is as follows:-

Insofar as the submission of the applicant that e-mail dated 08.01.2024 was not a private communication which was sent by the Counsel for the applicant since it was marked to the counsel for the other side as well as NCLT President, it is to be noted that this Tribunal although noticed the pleadings of the Appellant in paragraph 4 but in the finding which has been rendered by this Tribunal in paragraph 11 placed by the Appellant, following has been observed by the court:-

The observations made by this Tribunal in paragraph 11 does not term the e-mail as a private communication rather it was observed that e-mail is not part of any proceeding or any application or affidavit filed in the court and e-mail was directly sent by the counsel to the Registrar of NCLT, Ahmedabad. We make it clear that we have not entered into the reason for recusal by the court from the case and nor it is for the Appellate Court to enter into such issues. We may further notice that the proceedings are already pending before Court II as transferred by the order of the President dated 17.01.2024, hence, it is not necessary for us to make any observations with regard to merits of the matter. Appeal having been dismissed and the order of the Adjudicating Authority having affirmed by this Court, we see no reason to entertain this application to recall the order. We only make it clear that the observations made in paragraph 11 is not observations of the Court that holding it any private communication whatever has been said by the court is contained in paragraph 11.

With these observations, we dismiss the application. We are of the view that no further prayers made in the application needs consideration.