# In the matter of Arunkumar Jayantilal Muchhala vs. Awaita Properties Pvt. Ltd. & Ors.

> NCLAT judgment dated 2024-09-10. Citation: TCN-2024-NCLAT-00200. This is a case regarding an application (I.A. No. 4373 of 2024) preferred by the Appellant…

- **Court:** NCLAT
- **Order date:** 10 Sept 2024
- **Citation:** TCN-2024-NCLAT-00200
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/arunkumar-jayantilal-muchhala-vs-awaita-properties-pvt-ltd-ors-ae89bd50

## Summary

### Background

This is a case regarding an application (I.A. No. 4373 of 2024) preferred by the Appellant under Rule 11 of NCLAT Rules seeking recall of an order passed by the Tribunal. The initial appeal challenged an order by the National Company Law Tribunal, Mumbai Bench, which allowed a Section 7 application and admitted Tarapur Textile Park Ltd as the Corporate Debtor into Corporate Insolvency Resolution Process (CIRP). The present application was filed following an order by the Supreme Court of India in Civil Appeal No. 5531 of 2024.

## Facts

Awaita Properties Pvt. Ltd. filed a Section 7 application against Tarapur Textiles Park Limited (Corporate Debtor) for a default amount of Rs. 8,56,30,137. The National Company Law Tribunal (NCLT), Mumbai Bench, admitted the Section 7 application on 06.12.2022. An appeal was filed by the ex-Director of the Corporate Debtor before the NCLAT, which was dismissed on 02.04.2024. The Appellant then filed a Civil Appeal before the Supreme Court, which allowed the appellant to withdraw the appeal and file a review application limited to the ground of limitation. The loan was disbursed on 01.01.2014 and was repayable on demand. The date of default was determined to be 15.03.2016. The company petition was filed on 15.02.2018.

## Issues and analysis

### Issue 1: Whether the Tribunal has the power to recall its …

**Ratio:** The Tribunal has inherent powers to recall its judgment on sufficient grounds, as

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**Reasoning:** The Tribunal considered the judgments of the Hon'ble Supreme Court, which clearly

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**Interpretation:** The Tribunal interprets its inherent jurisdiction to include the power to

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**Application:** In this case, the Tribunal entertained the recall application due to the

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Arunkumar…
- **Respondents:** Tarapur Textiles…; Awaita Properties…
- **Advocates:** Lovkesh S…; Hemlata…; +7 more

## Timeline

- **2018-01-01 — Loan Disb…**: Respondent No.1 disbursed a loan of…
- **2016-03-15 — Date of D…**: The Corporate Debtor…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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