# In the matter of Bansal Ship Breakers vs. Great United Energy Pvt. Ltd.

> NCLAT judgment dated 2024-08-05. Citation: TCN-2024-NCLAT-00282. This is an application for recall of the judgment passed by the Tribunal on 2024-01-19 in…

- **Court:** NCLAT
- **Order date:** 5 Aug 2024
- **Citation:** TCN-2024-NCLAT-00282
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/bansal-ship-breakers-vs-great-united-energy-pvt-ltd-ee0e865c

## Summary

### Background

This is an application for recall of the judgment passed by the Tribunal on 2024-01-19 in Comp. App. (AT) (Ins.) No. 58 of 2024. The applicant claims that a statement was incorrectly noted in Paragraph 6 of the Order, indicating the Appellant had written to the Liquidator expressing readiness to comply with the Order, and the Liquidator had already sent a cheque for refund, which was encashed. The applicant asserts no such writing was made and seeks recall of the Order.

## Facts

Bansal Ship Breakers filed an application seeking the recall of a judgment passed by the NCLAT on January 19, 2024, in Comp. App. (AT) (Ins.) No. 58 of 2024. The applicant, Bansal Ship Breakers, argued that a statement recorded in Paragraph 6 of the order was incorrect. This statement indicated that the Appellant had written to the Liquidator expressing readiness to comply with the order, and the Liquidator had already sent a cheque for refund, which was encashed. Bansal Ship Breakers claimed that no such written communication was made. The Tribunal noted that the applicant was heard when the original order was passed. The Tribunal also cited the Union Bank of India case regarding the grounds for recall of an order. The Tribunal dismissed the application, stating that

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## Issues and analysis

### Issue 1: Whether the Tribunal has the …

**Ratio:** A tribunal generally does not have the jurisdiction to review its own judgments unless

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**Reasoning:** The Tribunal stated that there is no jurisdiction vested in this Tribunal to review its

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**Interpretation:** This principle ensures finality in legal proceedings and prevents endless

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**Application:** The Tribunal applied this principle by refusing to entertain the application

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Bansal Ship…
- **Respondents:** Great United…
- **Advocates:** Akshay…; Ujjawala Chaturved…; +2 more

## Timeline

- **2024-01-19 — Original…**: The Tribunal passed the original order in…
- **2024-08-05 — Application fo…**: Bansal Ship Breakers filed I.A. No. 2884 of…

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