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
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.