# In the matter of Essar Steels India Ltd.

> NCLT judgment dated 2024-03-20. Citation: TCN-2024-NCLT-02009. The case involves an application (IA No. 347 of 2024) filed by Gujarat Operational Creditors…

- **Court:** NCLT
- **Order date:** 20 Mar 2024
- **Citation:** TCN-2024-NCLT-02009
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/essar-steels-india-ltd-d84483b7

## Summary

### Background

The case involves an application (IA No. 347 of 2024) filed by Gujarat Operational Creditors Association and Another seeking re-listing of a matter and recall of an order dated 16-02-2024. The applicants allege that the order was passed per incuriam and in ignoratium of binding statutory provisions, specifically Section 44 of the Evidence Act and Article 141 of the Constitution of India. The applicants also raised concerns about the manner in which Contempt Petitions No. 19 and 20 of 2023 were heard and the hurried pronouncement of orders. The Court No. 1 of the Tribunal had passed an order on 8th January 2024, and on 9th January 2024, the Hon'ble Members Judicial and Technical decided to withdraw from all IAs and pending matters filed by the applicant. Based on the

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## Facts

Gujarat Operational Creditors Association and Another filed an application (IA No. 347 of 2024) seeking re-listing of a matter and recall of an order dated 16-02-2024. The applicants contended that the order was passed per incuriam and in ignoratium of binding statutory provisions, including Section 44 of the Evidence Act and Article 141 of the Constitution of India. They raised concerns about the manner in which Contempt Petitions No. 19 and 20 of 2023 were heard by Court I on 15-12-2023, and the hurried pronouncement of orders. The applicants also filed IA Nos. 327 and 328 of 2024, seeking recall of orders dated 08-01-2024, which were disposed of by order dated 16-02-2024. The applicant sought interim reliefs, including directing the Ld. Joint Registrar to give a

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## Issues and analysis

### Issue 1: Whether the Tribunal should …

**Ratio:** The Tribunal has the power to recall an order passed per incuriam or in ignoratium of

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**Reasoning:** The Tribunal carefully considered the applicant's arguments and found no sound grounds to

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**Interpretation:** The Tribunal interpreted the applicant's request for recall as an attempt to

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**Application:** The Tribunal applied the ratio to the facts of the case and concluded that the

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Gujarat Operationa…
- **Respondents:** Essar Steels…; Nemo…

## Timeline

- **2023-12-15 — Hearing of Contempt…**: Contempt Petitions No. 19 and 20…
- **2024-01-08 — Order by Cour…**: Court No. 1 of the…

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