# In the matter of Lamba Exports Pvt. Ltd. vs. Dhir Global Industries Pvt. Ltd. and Ors.

> SC judgment dated 2026-03-23. Citation: TCN-2026-SC-00024. The case involves a Miscellaneous Application (MA) seeking recall of an order dismissing a Special…

- **Court:** SC
- **Order date:** 23 Mar 2026
- **Citation:** TCN-2026-SC-00024
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/lamba-exports-pvt-ltd-vs-dhir-global-industries-pvt-ltd-and-ors-aa1fe121

## Summary

### Background

The case involves a Miscellaneous Application (MA) seeking recall of an order dismissing a Special Leave Petition (SLP) related to a civil revision concerning an Agreement to Sell. The applicant alleges suppression of material facts and subsequent developments in insolvency proceedings, including a One Time Settlement (OTS) proposal and withdrawal of the Corporate Insolvency Resolution Process (CIRP).

## Facts

The dispute arises from an Agreement to Sell dated 13.08.2021 concerning property owned by Respondent No. 1.

The applicant filed a civil suit seeking specific performance of the Agreement to Sell.

The High Court dismissed the revision petition, holding that the Agreement to Sell was contingent on the acceptance of an OTS by the Bank.

The applicant was directed to deposit Rs. 26,00,00,000/- with the Registry of the Court.

The SLP was dismissed on 25.02.2025.

The applicant filed a Miscellaneous Application seeking recall of the order dismissing the SLP based on subsequent events, including an OTS proposal and withdrawal of CIRP.

An OTS was concluded on 21.03.2025 for Rs.34.85 crore, and the CoC approved withdrawal of the CIRP on 05.04.2025.

## Issues and analysis

### Issue 1: Whether the Miscellaneous Application seeking recall of the order dismissing the SLP is …

**Ratio:** A post-disposal miscellaneous application can

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**Reasoning:** The court held that the present case does not fall within the limited class of cases

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**Interpretation:** The court interpreted the rules regarding maintainability of post-disposal

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**Application:** The court applied the principle of finality to dismiss the Miscellaneous

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## Parties

- **Judges:** VIKRAM…; SANDEEP…
- **Appellants:** M/S.LAMBA EXPORTS…
- **Respondents:** M/S.DHIR GLOBAL…

## Timeline

- **2021-08-13 — Agreement t…**: Agreement to Sell dated…
- **2022 — Civil Suit…**: Civil Suit No. 1248 of 2022 was instituted seeking specific performance of the Agreement…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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