SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2025 Supreme(Online)(NCLT) 2207

NATIONAL COMPANY LAW TRIBUNAL
Ms. Lakshmi Gurung, Member (Judicial), Sh. Charanjeet Singh Gulati, Member (Technical)
EPC Operational Creditors Association – Appellant
Versus
EPC Constructions India Ltd. – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Deepak Khosla, Advocate, Shriya Agarwal
For the Respondents:Mr. Gaurav Joshi, Senior Advocate, a/w. Abhishek Swaroop, Aditya Vikram Singh, Shriraj Khambeta, Naman Jain and Ronak Doshi

1. The present Interlocutory Application is filed by the Association of Operational Creditors of EPC Constructions India Limited (Corporate Debtor) to recall the order dated 20.04.2018 with all consequential effects, having been passed Coram Non Judice in breach of the mandatory provisions of Section 419 (3) of the Companies Act, 2013 . Following prayers have been sought by the Applicants:

a. Acting ex debito justitiae, recall (i.e. recall, simpliciter, and not ‘review with ensuing recall’) the originating order dated 20-04-2018 passed in this CP purporting it to be an order passed under Section 7 of the Code, on grounds of it having been passed by a Ld. Single Member (Judicial) acting singly and not by a ‘Bench’, and thereby having been passed coram non judice by virtue of its being in breach of the mandatory provisions of Section 419 (3) of the Companies Act (2013), and thereby being a ‘nullity’ in law, which is void ab initio as if non est, and furthermore, by applying the principles of fondamento sublato cadit opus, apply the recall with all its consequential effects, including recall of all orders passed subsequent to 20-04-2018, declaring them all to be equally null and void

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top