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2023 (2) TMI 994 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIMaintainability of application for recall of order - order passed by the Tribunal attained finality by the order of the Hon’ble Supreme Court - fraud and concealment of facts by Respondents before entire course of litigation - Section 421 of the Companies Act, 2013 - HELD THAT:- It is admitted that the Appellant has committed fraud with the Respondent No.1 company and was under jail for about two months and the Hon’ble High Court has given conditional bail to the Appellant. In this Order (at page 894 to 896, Vol.-VI of the Appeal) the conditions of this bail order is “not to try to tamper with or pressurize the prosecution witnesses or complainant in any manner” (Respondent No. 1 company was complainant and such false litigations are nothing but contempt of Hon’ble High Court order). Considering the high headed attitude of the Appellants and creating hurdles by initiating false and unwanted litigations against the Respondent No.1 company, its shareholders and also against the buyers of plot of land from the Respondent No. 1 company and its statutory auditors as well, all the shareholders have unanimously passed a resolution to buy out the Appellant’s 8% shares under section 236 of the Companies Act, at appropriate value as may be determined by an independent valuer to be appointed by the NCLT. The CP No. 36 of 2018 was filed by the Respondents on 07.03.2018 and further 05.09.2018 in this matter also filed counter petition in the form of an IA against this petition unmbered MA 1 in CP 36 of 2018 on 19.10.2019 and similar voluminous records of 2000 plus pages are placed in MA 1 in CP 36 of 2018. After couple of hearings, the Appellant felt that his exit from the company as shareholder of the company is final with outcome of CP 36 of 2018 and that is why with the sole intention to delay justice in CP 36 of 2018. All these false and frivolous multiple litigations are being created and on the ground of pending this matter, the Appellant keep taking adjournment in CP 36 of 2018. The order dated 23.11.2017 which was passed by the Tribunal attained finality by the order of the Hon’ble Supreme Court and thereafter, recall application for recalling the order dated 23.11.2017 was filed by the Appellants is not tenable in the eye of law. Also the Appellants are trying to reagitate the matter afresh. Keeping in view the aforenoted facts, there are no merit to interfere with the order impugned passed by the NCLT. The impugned order dated 26.04.2021 passed by the National Company Law Tribunal, Ahmedabad Bench, Ahmedabad in IA 608 of 2019 in C.P. No. 68/NCLT/AHM/2017 is hereby affirmed - Appeal dismissed.
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