# In the matter of Electrosteel Steels Ltd. Vs. Imperia Structures Ltd CA (AT) (Insolvency) No. 238-2017

> NCLAT judgment dated 2017-11-23. Citation: TCN-2017-NCLAT-00046. The case pertains to Company Appeal (AT)(INS) No.238 of 2017 before the National Company Law…

- **Court:** NCLAT
- **Order date:** 23 Nov 2017
- **Citation:** TCN-2017-NCLAT-00046
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/electrosteel-steels-ltd-vs-imperia-structures-ltd-ca-60a1a7df

## Summary

### Background

The case pertains to Company Appeal (AT)(INS) No.238 of 2017 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appeal involves Electrosteel Steels Ltd as the appellant and Imperia Structures Ltd as the respondent. The order dated 10.11.2017 was recalled.

## Facts

Electrosteel Steels Ltd filed an appeal against Imperia Structures Ltd before the NCLAT. The appellant's counsel appeared before the court, and the court considered the grounds stated in the application. The key fact is that the NCLAT recalled its earlier order dated 10.11.2017, thereby restoring Company Appeal (AT)(Insolvency) No.238/2017 to the record. The main appeal was then scheduled to be listed on 1st December, 2017.

## Issues and analysis

### Issue 1: Whether the NCLAT was justified in recalling its order dated 10.11.2017 and restoring Company …

**Ratio:** The ratio is based on the appellate tribunal's power to review or recall its own orders

…

**Reasoning:** The court reasoned that upon hearing the learned counsel for the appellant and

…

**Interpretation:** The interpretation involves the appellate tribunal's inherent power to correct

…

**Application:** In this specific case, the NCLAT applied the ratio by recalling its order dated

…

## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Electrosteel…
- **Respondents:** Imperia Structures…

## Timeline

- **2017-10-11 — Original…**: The NCLAT issued an…
- **2017-11-23 — Order Rec…**: The NCLAT recalled the…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/electrosteel-steels-ltd-vs-imperia-structures-ltd-ca-60a1a7df