# In the matter of Mahesh Taneja Vs. Davendra Umrao & Ors., Company Appeal(AT) (Ins.)No.1100 of 2021

> NCLAT judgment dated 2022-08-12. Citation: TCN-2022-NCLAT-00290. This is a review application filed to review the Tribunal's judgment dated 07.01.2022 in CA…

- **Court:** NCLAT
- **Order date:** 12 Aug 2022
- **Citation:** TCN-2022-NCLAT-00290
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mahesh-taneja-vs-davendra-umrao-ors-company-appeal-ccc7daea

## Summary

### Background

This is a review application filed to review the Tribunal's judgment dated 07.01.2022 in CA (AT) (Ins) No. 1100 of 2021. The initial appeal was dismissed on merit after hearing the appellant. Subsequently, the appellant filed Civil Appeal No. 2427/2022 before the Supreme Court, which was dismissed as withdrawn on 29.04.2022 with liberty to move the NCLAT for appropriate relief.

## Facts

Mahesh Taneja filed Company Appeal (AT) (Ins) No. 1100 of 2021, which was dismissed on merit by the NCLAT on 07.01.2022. Subsequently, Mahesh Taneja filed Civil Appeal No. 2427/2022 before the Supreme Court, which was dismissed as withdrawn on 29.04.2022, with liberty to move the NCLAT for appropriate relief. Following this, Mahesh Taneja filed a review application before the NCLAT seeking a review of its earlier judgment. The NCLAT considered the review application and the Supreme Court's order before dismissing the review application.

## Issues and analysis

### Issue 1: Whether the Tribunal can review its earlier judgment dismissing the appeal on merit, given the …

**Ratio:** A tribunal cannot review its judgment unless there is a specific order or direction from

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**Reasoning:** The Tribunal reasoned that the Supreme Court's order dismissing the civil appeal did not

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**Interpretation:** The interpretation is that the power of review is limited and cannot be

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**Application:** In this case, the Supreme Court's dismissal of the civil appeal without any

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## Parties

- **Judges:** Ashok Bh…; Rakesh…; +1 more
- **Appellants:** Mahesh T…
- **Respondents:** Davendra Umrao &…
- **Advocates:** Hitesh S…

## Timeline

- **2021-01-01 — Company Appea…**: Company Appeal (AT) (Ins)…
- **2022-01-07 — Appeal Dis…**: The Tribunal dismissed the Company Appeal…

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