# In the matter of Essar Steels India Ltd.

> NCLT judgment dated 2024-03-20. Citation: TCN-2024-NCLT-02014. The application was filed seeking to recall an order dated February 16, 2024, which the…

- **Court:** NCLT
- **Order date:** 20 Mar 2024
- **Citation:** TCN-2024-NCLT-02014
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/essar-steels-india-ltd-6cb5f420

## Summary

### Background

The application was filed seeking to recall an order dated February 16, 2024, which the applicants contended was a nullity in law, void ab initio, and passed per incuriam, in ignoratium of binding statutory provisions and judgments. The applicants also sought interim reliefs including a report on incidents related to the cause list publication and the recording of proceedings.

## Facts

The application, IA 347 of 2024, was filed invoking the Tribunal's duty to act Ex Debito Justitiale and its powers under Section 44 of the Evidence Act, read with Rule 11 of the NCLT Rules (2016). It sought to recall an order dated February 16, 2024, in Cont. Pet. 19 of 2023 and Cont. Pet. No. 20 of 2023 in IA No. 419 of 2017 in C.P.(IB) No. 40 of 2017, alleging it to be a nullity. The applicant's counsel requested an adjournment during the hearing on February 20, 2024, to argue the matter in detail. While IA 343 of 2024 was disposed of, IA 347 of 2024 was further heard for its maintainability and admission, and orders were reserved. The counsel stated he would not argue other related matters unless an order was passed in IA 347/2024. The applicant submitted that there

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## Issues and analysis

### Issue 1: Whether the order dated February 16, 2024, should be recalled on the grounds that it was passed per …

**Ratio:** An order passed on merits after due hearing and admission of documents cannot be recalled

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**Reasoning:** The Tribunal found no sound grounds to recall the orders passed on February 16, 2024. It

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**Interpretation:** The Tribunal interpreted its powers and responsibilities under the NCLT Rules

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**Application:** The Tribunal applied this interpretation by rejecting the application for

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Gujarat Operationa…; Gujarat Operationa…; +2 more
- **Respondents:** Essar Steels…; Nemo…
- **Advocates:** Deepak K…

## Timeline

- **December 15, 2023 — Contempt Petitions…**: Contempt Petitions No. 19 and 20 of 2023 were heard by Court I, leading to concerns from…
- **January 8, 2024 — Order pronounced by…**: Court I pronounced orders in Cont. P 19 and 20 of 2023 in CP IB 40 of 2017, which the…

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