TMI Blog2023 (1) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... - how a second application on the same cause of action is maintainable? HELD THAT:- Such a procedure cannot be followed as it is against the judicial propriety and public policy in as much as it will breed an unending litigation before the Courts of Law. Even otherwise, liberty was not granted by the Hon ble Supreme Court to the Applicants to file the application rather the Applicants themselves proposed to file a fresh application before this Tribunal and withdrew the application filed before the Hon ble Supreme Court. There are no reason to entertain the present application and hence the same is hereby dismissed. - I.A. No. 113-117 of 2023 In Company Appeal (AT) (Ins.) No. 627 of 2019 - - - Dated:- 20-1-2023 - [ Justice Rakes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on 01.05.2019 and the application under Section 7 of the Code was admitted on 31.05.2019. 3. Two appeals came to be filed before this Tribunal i.e. CA (AT) (Ins) No. 525 of 2019 V Hotels Ltd. Vs. Asset Reconstruction Company (India) Limited in respect of the order dated 01.05.2019 and CA (AT) (Ins) No. 627 of 2019 Tulip Star Hotels Ltd. Anr. Vs. Asset Reconstruction Company (India) Ltd. Anr. in respect of the order dated 31.05.2019. Both the appeals were taken up together and were allowed vide order dated 11.12.2019. 4. Two Civil Appeals were filed by the Respondent bearing Civil Appeal No s. 84-85 of 2020 before the Hon ble Supreme Court. The said Civil Appeal were allowed on 01.08.2022 and the order of this Tribunal dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n earlier application as withdrawn on 21.09.2022, the applicant proposes to move a fresh application before the Tribunal for its adjudication on merits. On this premise, he seeks to withdraw these applications seeking clarification of judgment dated 01.08.2022 passed by this Court in C.A.Nos.84-85 of 2020. 2. The applications are, accordingly, dismissed as withdrawn with liberty as aforementioned. 3. However, the contentions of the parties are left open. 8. The Appellants/Applicants has filed the present application on 04.01.2023 i.e. I.A No. 113-117 of 2023 with the same prayers direct the revival and relisting of CA (AT) (Ins) No. 627 of 2019 and adjudicate the same upon the question of facts and law as raised therein, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants. 13. We have heard Counsel for the parties in respect of preliminary issue raised by the Respondents as to whether a fresh application on the same cause of action with the similar prayers without there being any change in the circumstances is maintainable when earlier application was withdrawn by them without permission. 14. In this regard, we are of the considered opinion that such a procedure cannot be followed as it is against the judicial propriety and public policy in as much as it will breed an unending litigation before the Courts of Law. Even otherwise, liberty was not granted by the Hon ble Supreme Court to the Applicants to file the application rather the Applicants themselves proposed to file a fresh application before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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