AI Structured Summary
Not yet generated for this judgment
Judgment
O R D E R
16.11.2023: I.A. No. 5251 of 2023:- Heard Mr. Deepak Khosla, Learned Counsel appearing for the applicant and Mr. Mukul Rohatgi, Learned Senior Counsel appearing for Respondent No. 28.
By this application the applicant essentially has prayed for recall of the order dated 17.08.2023. Mr. Deepak Khosla, Learned Counsel for the applicant submits that his application is confined to Prayer (1) in the application which is to the following effect:
“1.Acting suo motu, and acting ex debito justitiae and not under any formal statutory provision, recall (i.e. recall, simpliciter, and not ‘review and ensuing recall’) the ‘nullity’ order dated 17.08.2023 passed by this Hon’ble Appellate Tribunal on IA No. 2854 of 2023 preferred by the applicant, inter alia, in Company Appeal (AT) (Ins.) No. 242 of 2019 on any one or more of the 3 reasons summarized in para 21 above.”
The application is thus confined to only Prayer (1) i.e. to recall of the order dated 17.08.2023. No other prayers to be considered in this application.
By the application being I.A. No. 2854 of 2023 applicant has prayed for recall of the order dated 31.03.2023 and I.A. No. 2853 of 2023 was filed to correct certain typing error in the application.
When the application came for hearing, this Tribunal vide its order dated 17.08.2023 dismissed the application with following observations:-
“In view of aforesaid stand taken by Ld. Counsel for the Applicant it appears that he is not interested to pursue the matter. Accordingly, both the applications are dismissed.”
It appears that before the Bench Mr. Deepak Khosla who appeared for the applicant submitted that he had made a request for assigning the application to some other Bench, hence, he did not advance his arguments on the application. This Tribunal has dismissed the application observing that it appears that applicant is not interested in pursuing the matter.
In facts and circumstances of present case, we are of the view that one opportunity be given to the applicant to make submissions on his application being I.A. No. 2853 & 2854 of 2023 on merits.
Learned Senior Counsel Mr. Mukul Rohatgi submits that the application as filed need not be entertained and deserves to be dismissed. He submits that this application is nothing but abuse of process of the Court.
We leave all contentions of both the parties open in I.A. No. 2853 & 2854 of 2023. Ends of justice be served in recalling the order dated 17.08.2023 and reviving the I.A. No. 2853 & 2854 of 2023 for consideration.
List the I.A. No. 2853 & 2854 of 2023 on 14.12.2023 at 2.00 PM.