Case Note & Summary
The appeal was filed by Amit Goyal against the order dated 20.02.2026, which rejected his application for recalling the order dated 24.07.2020. The original order approved a resolution plan, which had been affirmed by the National Company Law Appellate Tribunal (NCLAT) and the Supreme Court of India. The appellant's counsel argued that there were various grounds for the recall that were not considered. However, the Tribunal noted that the Adjudicating Authority had already recognized the affirmation of the order by higher courts, leading to the rejection of the recall application. The Tribunal found no error in the Adjudicating Authority's decision, emphasizing that once orders are affirmed by the Supreme Court, they cannot be recalled. The respondent's counsel raised concerns about concealments in the appeal, but the Tribunal dismissed the appeal without addressing these issues. Ultimately, the appeal was dismissed, affirming the lower court's decision.
Headnote
A) Insolvency Law - Recall of Order - Grounds for Recall - Companies Act, 2013 - The application for recalling the order dated 24.07.2020 was rejected as the resolution plan had been affirmed by the NCLAT and the Supreme Court. The court held that allowing the recall would amount to a travesty of justice and open Pandora's box (Paras 2-5).
Issue of Consideration
Whether the Adjudicating Authority erred in rejecting the recall application for the order dated 24.07.2020.
Final Decision
The appeal was dismissed, affirming the rejection of the recall application by the Adjudicating Authority.
Law Points
- Recall of order
- approval of resolution plan
- affirmation by higher courts
- procedural fairness
