Adjudicating Authority (NCLT) has the jurisdiction to recall its own order if it is obtained by playing fraud upon it – Rakesh Kumar Gupta Vs. Straight Edge Contracts Pvt. Ltd. Through its RP & Ors. – NCLAT New Delhi

NCLAT held that: (i) Although, the petition u/s 9 was allowed on 20.07.2020 but the detailed order was not passed immediately thereafter, rather the application IA was disposed of on 14.10.2020 and at that time the AA decided to pass the detailed order within three days and thereafter, the detailed order was passed on 16.10.2020. NCLAT held that we do not want to comment on it but we do not appreciate this practice of the Adjudicating Authority for not passing the order immediately thereafter. (ii) There is complete misappreciation of law on the part of the Adjudicating Authority in rejecting the application wherein it has also been submitted that the Adjudicating Authority has the jurisdiction to recall its own order if it is obtained by playing fraud upon it. In view of the aforesaid discussions, the present appeal has the merit, therefore, the same is allowed and the impugned order is set aside.

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