24/08/2022

The limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of the certified copy – Wadhwa Rubber Vs. Bandex Packaging Pvt. Ltd. – NCLAT New Delhi

/ 3 minutes of reading

The application filed under Section 9 of the Code by the Appellant was dismissed on 08.01.2020. It cannot be imagined that the factum of dismissal of the application was not within the knowledge of the Appellant who was represented by the Counsel. Despite that, the Appellant did not care to apply for the certified copy for over a year and has made a lame excuse that it was to be supplied free of cost. However, the certified copy appears to have been applied on 10.02.2021 and was prepared on 17.02.2021 but the Appellant spent almost two months even in taking the certified copy from the Tribunal. It is well settled that the limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of the certified copy. In this case it was prepared on 17.02.2021 and if the limitation is to be counted from 17.02.2021 the same had expired much earlier than the date of filing of the appeal on 04.08.2021.

The limitation is to be counted not from the date of delivery of the certified copy but from the date of preparation of the certified copy – Wadhwa Rubber Vs. Bandex Packaging Pvt. Ltd. – NCLAT New Delhi Read Post »

Once an order of the Adjudicating Authority attains finality on account of affirmation by the Hon’ble Apex Court in appeal, the same cannot be reopened – Raghavendra G. Kundangar Vs. Shashi Agarwal – NCLAT New Delhi

/ 21 minutes of reading

The Appellants sought recall of the judgment on the ground of change of law. But it will never be a ground to recall the order passed by the Adjudicating Authority and in case the Adjudicating Authority exercises such power to recall the order passed on subsequent judgment overruling the earlier judgment it would not only amount to setting aside the judgment in appeal but also setting aside a judgment in an appeal passed by the Appellate Tribunal and Hon’ble Supreme Court, which is impermissible in law.
Once the order of the Adjudicating Authority attains finality on account of affirmation by the Hon’ble Apex Court in appeal, the same cannot be reopened. But the simple reason that the Appellants did not raise such issue and consequently, it is hit by the doctrine of constructive resjudicata, though the principle of resjudicata is a part of CPC, the doctrine is applicable to the proceedings in IBC. The Hon’ble Apex Court in the matter of “Ebix Singapore Pte Ltd. Vs. Committee of Creditors of Educomp (2021) ibclaw.in 153 SC” held in paragraph-62 of the judgment, the Hon’ble Apex Court dealt with the doctrine of resjudicata, concluded that the principle of resjudicata is applicable in IBC also. The law declared by Hon’ble Apex Court is consistent that on account of overruling earlier judgment, the Tribunal cannot recall order or judgment.

Once an order of the Adjudicating Authority attains finality on account of affirmation by the Hon’ble Apex Court in appeal, the same cannot be reopened – Raghavendra G. Kundangar Vs. Shashi Agarwal – NCLAT New Delhi Read Post »

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