# In the matter of Kamesh Badhana Vs. Govind Ram & Ors. CA(AT)(Insolvency) 780-2018

> NCLAT judgment dated 2018-12-14. Citation: TCN-2018-NCLAT-00015. The appeal was preferred by the promoters of the 'Corporate Debtor' against the order dated…

- **Court:** NCLAT
- **Order date:** 14 Dec 2018
- **Citation:** TCN-2018-NCLAT-00015
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kamesh-badhana-vs-govind-ram-ors-ca-169387b9

## Summary

### Background

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 a Miscellaneous Application preferred by the appellant (promoter) for review and recall of an 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 November 1, 2018, which rejected their application for review and recall of an earlier order dated April 13, 2018. The Adjudicating Authority had also ordered liquidation on October 11, 2018, and directed publication in the newspaper on October 25, 2018. The promoters sought a stay on the publication. The court noted that the liquidation order was not under challenge in this specific appeal but was being challenged in a separate appeal (Company Appeal No. 721 of 2018). The delay of 7 days in filing the appeal was condoned.

## Issues and analysis

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

**Ratio:** An application for review or recall is not maintainable if the Adjudicating Authority has

…

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

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**Interpretation:** The interpretation is that once a liquidation order is passed and not

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**Application:** Since the liquidation order was passed on October 11, 2018, and was not under

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## Parties

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

## Timeline

- **2018-11-01 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal) passed an order against which…
- **2018-04-13 — Order for Review and…**: Miscellaneous Application preferred by appellant (promoter) for review and recall of…

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