AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Learned Counsel for the Appellant.
This Appeal has been filed against the order passed by the Adjudicating Authority dated 23rd December, 2022 by which I.A. No. 4207 of 2022 filed by the Appellant to recall the Order dated 21.02.2022 has been rejected on the ground that the Adjudicating Authority has no power to recall its own order.
Learned Counsel for the Appellant submits that Appellant has not prayed for review of the Order rather he has prayed for recall of the Order. Order dated 21.02.2022 has been filed along with the Appeal which is an order on an application filed by the Liquidator praying for certain reliefs. The Application was heard and decided on merits. The Appellant thereafter filed an application praying to recall the Order dated 21.02.2022. In the application, Appellant has prayed that order be recalled and Liquidator be directed to place on record correct valuation after taking into consideration each and every challenge with respect to the said property being commercial Shop No. G-5, on ground floor situation at Plot No. 7. The prayers made in the Application were prayers on merits of the Order and no grounds have been made out in the application for recall of the Order. The Appellant was challenging the Order dated 21.02.2022 on merits which is clear from the various averments in the application.
We thus are of the view that the Adjudicating Authority has rightly rejected the Application holding that the Adjudicating Authority has no jurisdiction to review the Order.
We do not find any error in the Order hence the Appeal is dismissed.