Paritosh Jain Vs Manoj Kulshrestha (NCLAT Delhi)
National Company Law Appellate Tribunal (NCLAT), Delhi Bench, has dismissed applications seeking the recall of its judgment dated April 23, 2025, which had dismissed all appeals in the matter of Paritosh Jain Vs Manoj Kulshrestha. The applications sought to “recall the order dated 23.04.2025 and allow for a fair and comprehensive reassessment of the factual matrix.”
The NCLAT referenced the Supreme Court’s established principles for recalling judgments, specifically citing Sri Budhia Swain v. Gopinath Deb & Ors. (1999) 4 SCC 396. This precedent clarifies that a review is permissible only under specific conditions, such as the discovery of new and important evidence, a mistake or error apparent on the face of the record, or “any other sufficient reason.” The Supreme Court’s ruling also distinctly states that while NCLT and NCLAT possess inherent powers to recall an order, they do not have the power to review their own orders.
The NCLAT Bench noted that it had heard extensive submissions from both the senior counsel for the appellants and the counsel for the respondents before dismissing the appeals on April 23, 2025. Upon reviewing the grounds presented in the current recall applications, the Tribunal found no basis that met the established criteria for recalling a judgment. Consequently, all applications for recall were dismissed.
