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I.A. No. 4789 of 2023 has been filed to recall the Judgment dated 26th July, 2023.
The Applicant has filed this Appeal challenging the Order dated 16th May, 2023 passed in Section 7 Application filed by the Appellant which has been rejected by the Adjudicating Authority as barred by Section 10A. Appeal was heard and dismissed on 26th July, 2023 after hearing Learned Counsel for the Appellant.
This Application has been filed to recall the Judgment dated 26th July, 2023. Learned Counsel for the Applicant sought to contend that court was not properly assisted and relevant materials which were already on record was not pointed which is annexed as Annexure J being the second invocation of the corporate guarantee dated 01.04.2021.
The ground for recall of a judgment are well settled by a Judgment of Five Member Bench in “Union Bank of India Vs. Dinkar T. Venkatasubramanian & Ors”, I.A. No. 3961 of 2022 in C.A.(AT) Ins. NO. 729 of 2020. When the Appeal was heard and after hearing the Appellant the Appeal was dismissed, we are of the view that ground on which Appellant sought to recall the Judgment is not applicable. The remedy of the Appellant, if any, was to file an Appeal.
We thus do not find any ground to recall the Judgment dated 26th July, 2023. The Application is dismissed.