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Judgment
ORDER
I.A. No. 3401 of 2023:- This is an Application filed by the Applicants-‘IDBI Bank Limited & Ors.’ praying for recall of our judgment and order dated 23.05.2023 in Company Appeal (AT) (Ins.) No.539 of 2022.
Company Appeal (AT) (Ins.) No.539 of 2022 was filed by the State Bank of India challenging the order dated 11.03.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench in I.A. (IB) 626/KB/2021 which was filed by the Resolution Applicant. Certain directions were issued in the said order of the Adjudicating Authority. Aggrieved by the said order, State Bank of India has filed the Appeal. After hearing the parties, we dismissed the Appeal upholding the order of the Adjudicating Authority.
Shri Abhijeet Sinha, Learned Counsel for the Applicant submits that the Applicant is a dissenting Financial Creditor and he was not party to the Appeal- Company Appeal (AT) (Ins.) No. 539 of 2022 or the Application filed before the Adjudicating Authority.
Shri Arun Kathpalia, Learned Senior Counsel for the Respondents submits that firstly against the order passed by this Tribunal, a Civil Appeal No. 4636/2023 was filed by the State Bank of India which Appeal has been dismissed by order dated 04.08.2023. The judgment having been merged in the order of the Hon’ble Supreme Court in a Civil Appeal, the Application of Applicant to recall the judgment cannot be entertained. It is further submitted that IDBI has also filed an Appeal challenging the order of the Adjudicating Authority which Appeal is lying in defects and has not come further.
Having heard Learned Counsel for the parties, we are of the view that there are no grounds made out in the Application for recall of the judgment. The Appeal filed by the SBI was dismissed by this Tribunal by judgement dated 23.05.2023. When the Appeal filed by SBI was dismissed, the Applicant have no right to file a recall application. More so, as noticed above, the judgment of this Tribunal having been merged in the order of the Hon’ble Supreme Court by judgment dated 04.08.2023, which Civil Appeal is dismissed, prayer of the Applicant cannot be considered.
Shri Abhijeet Sinha, Learned Counsel for the Applicant submits that merger does not apply in the facts of the present case. In view of what we have observed above regarding Applicant having no right to file recall application, it is not necessary for us to express any final opinion on the submissions regarding merger.
We do not find any merit in the Application. Application I.A. No. 3401 of 2023 is dismissed.