9911796707
TMI Blog2025 (3) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... espondents : Mr. T. Ravichandran, Advocate for R1 Mr. Edward James, Advocate for R2 ORDER ( Hybrid Mode ) Oral Judgment : Justice Sharad Kumar Sharma, Member (Judicial): 1. These are two Company Appeals being Company Appeal (AT) (CH) (INS) No. 100 / 2025 and Company Appeal (AT) (CH) (INS) No. 101 / 2025 are accompanied with IA No. 276 / 2025, praying for a condonation of 99 days of delay, which has chanced in re-filing the Appeal. 2. Company Appeal (AT) (CH) (INS) No. 101 / 2025 is accompanied with a Condone Delay Application in re-filing the Appeal being IA No. 278 / 2025, seeking condonation of 30 days of delay in re-filing. 3. In each of these appeals, the number of days of delay which has been sought to be condoned in re-filing ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jected challenge to an Appeal before NCLAT, which was dismissed on 28.09.2022. 8. Being aggrieved against the order passed by NCLAT affirming the Resolution Plan, the Appellant has invoked Section 62 and had filed an Appeal before the Hon'ble Apex Court challenging the Judgment passed by this Appellate Tribunal dated 28.09.2022. 9. The Company Appeal that has been preferred before the Hon'ble Apex Court was dismissed as withdrawn with the following observations: "7. At this stage, Ms. Haripriya Padmanabhan, Senior Counsel appearing on behalf of the appellants states that the appellants would wish to withdraw the Civil Appeals in order to enable them to pursue their remedies before the National Company Law Appellate Tribunal. 9. Since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Resolution Plan has been affirmed by the Appellate Tribunal's Judgment dated 28.09.2022 and the same has not been disturbed on merits by Hon'ble Apex Court under no proposition of law, there can be a scope to file an application subsequently seeking recall of the said Order before the learned NCLT, in the light of the explanation given to Order IX Rule 13. 11. As far as the Judgment of 28.09.2022 is concerned, being the Appellate Court's Judgment, that in itself will attain finality in relation to the principal order passed by the Learned NCLT on 30.05.2022, approving the Resolution Plan. 12. In that eventuality, the Appellant cannot take a leverage while pressing upon these Appeals against the rejection of the Interlocutory Applic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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