# In the matter of Devi Engineering and Construction Pvt. Ltd. vs. Global Enterprises and Ors.

> NCLAT judgment dated 2025-09-03. Citation: TCN-2025-NCLAT-00491. The Appellant, Devi Engineering & Constructions Pvt. Ltd., is the Corporate Debtor in CP (IB)…

- **Court:** NCLAT
- **Order date:** 3 Sept 2025
- **Citation:** TCN-2025-NCLAT-00491
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-chennai/devi-engineering-and-construction-pvt-ltd-vs-global-enterprises-and-ors-afeca9e8

## Summary

### Background

The Appellant, Devi Engineering & Constructions Pvt. Ltd., is the Corporate Debtor in CP (IB) No. 1/7/AMR/2025. An order was passed on 13.06.2025 forfeiting the Appellant's right to file a counter, and the Company Petition was reserved for orders. The Appellant filed IA (IBC)/179/2025 to recall the order.

## Facts

Devi Engineering & Constructions Pvt. Ltd. is the Corporate Debtor.

An order was passed on 13.06.2025 forfeiting the Appellant's right to file a counter.

The Appellant filed IA (IBC)/179/2025 to recall the order.

The recall application was rejected on 10.07.2025.

CIRP was initiated against the Corporate Debtor on 07.07.2025 in a parallel proceeding.

The Appellant claims he was not properly notified and his counsel misunderstood the hearing date.

The Adjudicating Authority closed the proceedings in CP (IB) No. 1/7/AMR/2025 as infructuous.

The Appellant filed a recall application on 02.07.2025.

The Ld. Tribunal had already passed orders on 07.07.2025 in CP (IB) / 34 / 9 / AMR / 2021, directing commencement of CIRP in respect of the CD and appointment of IRP.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in rejecting the recall application filed by the …

**Ratio:** The Adjudicating Authority was justified

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**Reasoning:** CIRP had already commenced against the Corporate Debtor in a parallel proceeding,

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**Interpretation:** Once CIRP is initiated, any prior proceedings against the same Corporate Debtor

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**Application:** The rejection of the recall application was upheld because CIRP had already

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Respondents:** M/s. Devi…; M/s. Global…; +2 more
- **Other parties:** JV Gang…; M/s. Sidhvi…
- **Advocates:** Vikram P.…; Vindhya Va…; +2 more

## Timeline

- **31.01.2025 — Proceeding…**: Notices were issued to the Corporate…
- **24.03.2025 — Proceedings…**: Corporate Debtor appeared through proxy Counsel, who requested three weeks to file the…

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