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IN THE HIGH COURT AT CALCUTTA
Sabyasachi Bhattacharyya
Fibre Processors Private Limited (in Liquidation) And Om Prakash Bhartia – Appellant
Versus
Official Liquidator – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present application has been filed for recall of an Order dated September 5, 2024, allowing C.A. No.03 of 2002 (Old C.A. No.507 of 2002) in connection with C.P. No.55 of 1985, thereby releasing the property-in-question, situated in Gurgaon, Haryana, in favour of the Disclaimer Applicant (hereinafter referred to as “the DA”) therein.
2. Learned senior counsel appearing for the recall applicant contends that the said order was passed in the absence of the present applicant. Although admitting that a notice was recorded in the order under recall to have been served on the learned advocate for the applicant, it is submitted that the said advocate had shifted his law practice to Rajasthan High Court, Jaipur Bench since the month of May, 2023. Hence, in effect, the present applicant did not have notice of the said proceedings.
3. Secondly, it is argued that the order under recall ought to be set aside on the ground of suppression of material facts by the DA. By an order dated August 14, 2987 passed in the winding up proceeding, the Company Court had, inter alia, directed the DA, namely M/s. East India Cotton Manufacturing Company Limited, to com
The Company Court's powers are limited; specific performance cannot be ordered without valid enforcement, and a contributory lacks locus standi if liabilities have been settled.
A Tribunal lacks inherent review power under I & B Code; recall applications cannot reopen final adjudications.
The court can use inherent powers under Section 151 CPC to recall orders obtained under a legal misconception, ensuring justice is served in cases of procedural irregularity.
The primary prayer in both recall applications was substantially the recall of the order dated December 6, 2018, and the Court rejected the second recall application on the ground of constructive res....
The recall of an order can only be invoked under specific procedural errors and not for relitigating merits.
Section 536(2) of the Companies Act, 1956 allows the court to validate bona fide transactions made after the commencement of winding up, emphasizing the importance of protecting legitimate interests ....
A petition cannot be withdrawn by one plaintiff without the consent of all plaintiffs, and fraud in the withdrawal process necessitates a court's power to recall its dismissal order.
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