# In the matter of Kamesh Badhana Vs. Govind Ra & ors. CA(AT)(Insolvency) No. 780-2018

> NCLAT judgment dated 2018-12-14. Citation: TCN-2018-NCLAT-00016. This is a Company Appeal (AT) (Insolvency) No.780 of 2018. The appeal was preferred by the…

- **Court:** NCLAT
- **Order date:** 14 Dec 2018
- **Citation:** TCN-2018-NCLAT-00016
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kamesh-badhana-vs-govind-ra-ors-ca-1be59127

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No.780 of 2018. The appeal was preferred by the promoters of the ‘Corporate Debtor’ against the order dated 1st November 2018 passed by the Adjudicating Authority (National Company Law Tribunal) New Delhi Bench. The Adjudicating Authority rejected the Miscellaneous Application preferred by the appellant (promoter) for review and recall of order dated 13th April, 2018, stating it was not maintainable.

## Facts

The promoters of the Corporate Debtor filed an appeal against the Adjudicating Authority's order dated 1st November 2018, which rejected their application for review and recall of an order dated 13th April 2018. The Adjudicating Authority deemed the application not maintainable. The order of liquidation was passed on 11th October 2018, and the publication was ordered on 25th October 2018. The appellant's counsel submitted that the order of liquidation is under challenge in another appeal. The key fact is that the current appeal does not challenge the order of liquidation itself, but rather the rejection of the review application.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority rightly rejected the application for review or recall of the …

**Ratio:** An application for review or recall is not maintainable if the original order is not

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**Reasoning:** The court agreed with the Adjudicating Authority's decision, finding that the application

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**Interpretation:** The interpretation is that an application for review or recall is only

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**Application:** In this case, the promoters sought to review and recall an order, but the order

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## Parties

- **Judges:** S.J. Mukhop…; JusticeBansi Lal…
- **Appellants:** Kamesh Ba…
- **Respondents:** Govind Ram…
- **Advocates:** Arjun…; Adarsh Ch…

## Timeline

- **2018-04-13 — Order Da…**: Order was passed, which was later…
- **2018-11-01 — Order by Adjudicating…**: Adjudicating Authority (NCLT) rejected the Miscellaneous Application for review and…

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