# In the matter of In the matter of Agarwal Coal Corporation Pvt Ltd. Vs.
Sun Paper Mill Ltd. I.A. No.265/2019 in Company Appeal (AT)(Ins.) No.412/2019

> NCLAT judgment dated 2021-10-25. Citation: TCN-2021-NCLAT-00064. The Applicant/Appellant filed an application (I.A. No.265/2019) in Company Appeal (AT)(Ins.)…

- **Court:** NCLAT
- **Order date:** 25 Oct 2021
- **Citation:** TCN-2021-NCLAT-00064
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/agarwal-coal-corporation-pvt-ltd-vs-sun-paper-mill-ltd-ia-no265-bf830f6e

## Summary

### Background

The Applicant/Appellant filed an application (I.A. No.265/2019) in Company Appeal (AT)(Ins.) No.412/2019 seeking to recall the judgment dated 16.10.2019 passed by the National Company Law Appellate Tribunal, New Delhi. The applicant claimed that the respondents engaged in fraudulent activities. The original appeal (Comp App (AT)(Ins) No.412/2019) was dismissed earlier due to issues with the applicant's claim amount and its relation to the transaction period. The applicant alleges manipulation of books of accounts, fraudulent debit notes, and CIRP irregularities.

## Facts

Agarwal Coal Corporation Pvt Ltd. (Applicant/Appellant) filed an application to recall a judgment dated 16.10.2019 in Company Appeal (AT)(Ins.) No.412/2019. The original appeal was against Sun Paper Mill Ltd. (Respondent No. 1) and Mrs. J. Karthiga (Respondent No. 2). The applicant's claim was initially allowed only to the extent of Rs. 2173/- against a claim of Rs. 2,39,33,935/-. The applicant had filed MA No. 677/2018 before the NCLT, Chennai, against the rejection of its claim, which was dismissed on 14.03.2019. The applicant alleges fraudulent practices by the respondents, including manipulation of books of accounts, issuance of fraudulent debit notes, and irregularities during the CIRP. The suspended board of directors of the 1st respondent allegedly held illegal

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## Issues and analysis

### Issue 1: Whether the Tribunal can exercise its inherent powers to recall its judgment dated 16.10.2019 in …

**Ratio:** The power to review or recall a judgment is not an inherent power but a creature of

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**Reasoning:** The Tribunal reasoned that the applicant was essentially seeking a review of the earlier

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**Interpretation:** The interpretation is that the Tribunal's inherent powers under Rule 11 of the

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**Application:** The Tribunal applied this principle to the facts by noting that the applicant

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## Parties

- **Judges:** M. Venu…; V. P. S…; +1 more
- **Appellants:** Agarwal Coal…
- **Respondents:** Sun Paper Mill…
- **Advocates:** V.N. D…; Amit D…; +6 more

## Timeline

- **2016-01-01 — NCLAT Rules…**: National Company Law Appellate…
- **2017-11-15 — Moratorium…**: Adjudicating Authority imposed a…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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