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Judgment
04.06.2025: This appeal is against an impugned order dated 22.05.2025 whereby the recall application of order dated 19.03.2025 was dismissed on the ground that there was procedural error committed in the passing of such order. The Ld. NCLT relied upon Greater Noida Industrial Development Authority and Pramjeet Singh and Anr. Civil Appeal No. 7590 - 7591 of 2023.
Admittedly there is no appeal against earlier order dated 19.03.2025 and such appeal is now time barred.
It is the submission of the Ld. Sr. Counsel for the Appellant the order dated 19.03.2025 of the Ld. NCLT violates its earlier orders passed on dated 03.02.2025 as well as 18.03.2025, wherein Ld. NCLT had itself said that I.A. No. 2026 of 2025 as well as I.A No. 2027 of 2025 shall be heard prior to deciding of the main petition under Section 95 of IBC. However, now vide order dated 19.03.2025, the Ld. NCLT had kept the two applications along with main petition to be heard simultaneously.
Admittedly there is no grievances by the Appellants that the Ld. NCLT has not given them an opportunity of being heard on such applications but their only grievance is the applications be heard & decided prior to hearing of main petition under Section 95 of IBC. We have gone through the interim order, which per se is a procedural one & needs no interference from our side, thus let both the applications aforesaid be heard & be decided simultaneously on merits along with main petition under Section 95 of the IBC.
The matter pending today before the ld. NCLT be now listed on 10.06.2025 in view of presence of the parties/counsels before us today.
With the observations above, the appeal is disposed of. Pending applications, if any, are also disposed of.