Case Note & Summary
The case involved an application for recall and modification of an earlier order dated 11.12.2025, which dismissed Company Appeal (AT) (Ins.) No. 1567 of 2025. The appellant, Vikas Goel, contended that he had not filed any appeal in the Supreme Court and that the order from the Supreme Court did not pertain to his case. The respondent, Bank of Baroda, argued that the appellant's case was covered under the Supreme Court's order. The Tribunal, upon reviewing the facts, determined that since the appellant had not filed an appeal and no relevant order from the Supreme Court applied to him, it was appropriate to recall the previous order and allow the appeal to be heard afresh. Consequently, the Tribunal scheduled the appeal for a fresh hearing on 08.07.2026.
Headnote
A) Company Law - Recall of Order - Modification of Previous Order - Insolvency and Bankruptcy Code, 2016 - The Tribunal decided to recall the order dismissing the appeal based on the argument that the applicant had not filed an appeal in the Supreme Court and thus the previous order was not applicable to him. The Tribunal held that the appeal should be heard afresh considering the circumstances presented (Paras 2-4).
Issue of Consideration
Whether the order dated 11.12.2025 should be recalled and the appeal heard afresh.
Final Decision
The Tribunal recalled the order dated 11.12.2025 and revived the Company Appeal for a fresh hearing, scheduling it for 08.07.2026.
Law Points
- Recall of order
- modification of order
- fresh hearing of appeal
Case Details
2026 LawText (NCLAT) (05) 43
I.A. No. 357 of 2026 in Company Appeal (AT) (Insolvency) No. 1567 of 2025
Justice Ashok Bhushan, Barun Mitra
Mr. Kapil Saukhla, Mr. Sougat Sinha, Ms. R Gayathri Manasa
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Nature of Litigation
Application for recall and modification of a previous order dismissing an appeal.
Remedy Sought
The appellant sought to have the previous order recalled and the appeal heard afresh.
Filing Reason
The appellant claimed that the Supreme Court order did not apply to him as he had not filed an appeal.
Previous Decisions
The appeal was previously dismissed based on a Supreme Court judgment.
Issues
Whether the order dated 11.12.2025 should be recalled
Whether the appeal should be heard afresh
Submissions/Arguments
The appellant argued that he had not filed an appeal in the Supreme Court and the order did not apply to him.
The respondent contended that the appellant's case was covered under the Supreme Court's order.
Ratio Decidendi
The Tribunal held that the absence of an appeal in the Supreme Court rendered the previous dismissal inapplicable, warranting a fresh hearing of the appeal.
Judgment Excerpts
This is an application praying for recall/ modification of order dated 11.12.2025
we are of the view that appeal need to be heard afresh
list the Appeal on 08.07.2026
Procedural History
The application for recall was filed after the dismissal of Company Appeal (AT) (Ins.) No. 1567 of 2025 on 11.12.2025.
Acts & Sections
- Insolvency and Bankruptcy Code, 2016:
