AI Structured Summary
Not yet generated for this judgment
Judgment
[PER: BENCH]
This application is filed, with the following prayers:
a. To open IA No.31 of 2020 for hearing at this Tribunal, Bench-II.
b. To process IA No.31 of 2020 with removing Suspended Respondent and Outsourced outside parties.
c. To direct the Respondents to admit the submitted Principal claim amount for payments to be made on Design Analysis, Technical and Engineering Services rendered to M/s. KSK Mahanadi Power Company Limited.
The facts so far as relevant for adjudication of this application are, briefly, as follows:
Earlier, IA No.31 of 2020 was filed, seeking the same reliefs and by virtue of the Order dated 21.07.2022, the Application was dismissed. On the same grounds, this application is filed.
The Respondent filed Counter contending that the Application is not maintainable, since the Dismissal Order passed earlier was not challenged by the Applicant herein and hence, this Application cannot be filed, seeking to re-open the said Order.
A rejoinder is filed by the Petitioner contending that the IA No.31 of 2020 was not reviewed fully and the Order has many errata and hence this Application to re-open the same for correcting the errata.
Heard both the Counsel. On the face of it, this Application does not seem to be maintainable. There is no dispute that earlier, in an Application filed with the same reliefs, an order was passed on 21.07.2022 rejecting the reliefs sought for by the Applicant therein who is the Applicant herein.
It is also an admitted fact that the said order was neither challenged before any Appellate Forum nor was sought to be reviewed by this Tribunal by seeking for any modification of the said Order. The Order was passed considering the whole merits of the case. The counsel does not explain about the maintainability. When questioned on the same, he takes us through the merits of the case, which were already considered in the earlier order. This application filed to re-open the said order is nothing but a frivolous and baseless one. Hence, the application is dismissed.