9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (10) TMI 242 - AT - Companies LawRecall of final Order/Judgement dated 31.07.2023 and Order dated 19.07.2023 - It is strongly contended by the Learned Sr. Counsel that the Order dated 19.07.2023 wrongly notes that both these Appeals were heard at length and Judgements were reserved and parties were directed to file their Additional Written Submissions - existence of element of fraud or not - HELD THAT - The grounds on which a Tribunal or a Court can recall the Order has been clearly laid down - there is no element of fraud or collusion ; that this Tribunal did not commit any mistake or prejudice any party or has acted outside its jurisdiction On adhering to Principle of Natural Justice, and therefore, it is held that the power to recall our Orders/Judgements dated 19.07.2023 and 31.07.2023 ought not to be exercised in the facts of the attendant matter on hand. Application dismissed.
Issues Involved:
1. Recall of final Order/Judgement dated 31.07.2023 and Order dated 19.07.2023. 2. Whether Company Appeal (AT) No.87/2020 was heard and argued before the Tribunal. 3. Compliance with Principles of Natural Justice. 4. Grounds for recalling a judgment. Issue-Wise Comprehensive Details: 1. Recall of Final Order/Judgement: The Appellant/Applicants sought the recall of the final Order/Judgement dated 31.07.2023 and Order dated 19.07.2023 to the extent they relate to Company Appeal (AT) No.87/2020. They argued that Company Appeal (AT) No.87/2020 was not heard at all, and only Company Appeal (AT) No.204/2020 was argued and reserved for judgment. 2. Hearing and Argument of Company Appeal (AT) No.87/2020: The Appellants contended that Company Appeal (AT) No.87/2020 was not argued before the Tribunal. However, the Respondents countered that both Appeals were listed and heard together multiple times, and no objections were raised by the Appellants at any stage regarding the hearing of Company Appeal (AT) No.87/2020. The Tribunal's records showed that both Appeals were consistently listed together, and the Appellants had the opportunity to argue both matters. 3. Compliance with Principles of Natural Justice: The Tribunal evaluated whether the Principles of Natural Justice were followed. The Tribunal noted that the Appellants were represented throughout the proceedings, and no objections were raised regarding the hearing of Company Appeal (AT) No.87/2020 until after the judgment was pronounced. The Tribunal concluded that the Principles of Natural Justice were adhered to, as the Appellants had ample opportunity to present their case. 4. Grounds for Recalling a Judgment: The Tribunal referred to the criteria for recalling a judgment as laid down by the Hon'ble Supreme Court in "Budhia Swain & Ors. Vs. Gopinath Deb & Ors." (1999) 4 SCC 396. The grounds include fraud, collusion, mistake of the court, or lack of jurisdiction. The Tribunal found no evidence of fraud, collusion, or mistake that prejudiced any party. It concluded that there was no basis to exercise the power to recall the Orders/Judgements dated 19.07.2023 and 31.07.2023. Conclusion: The Tribunal dismissed I.A. 4359/2023 in Comp. App. (AT) No.87/2020, finding no merit in the Appellants' contentions and confirming that the Orders and Judgements were appropriately issued. No Order as to costs was made.
|
