Authority: National Company Law Tribunal, New Delhi Single Principal Bench
Order Date: 10 July 2026
Case Overview
The application RA-56/2026 was filed by Sanjeev Mahajan seeking restoration and setting aside of the order dated 05.06.2026 that dismissed transfer application TA (IBC)-28(PB)/2026 and imposed a cost of Rs. 50,000 on the applicant. The petitioner contended that there was no concealment of material facts regarding previous transfer applications and writ petitions filed before the Delhi High Court. The applicant argued that his previous transfer application was dismissed as not being pressed (not on merits) and therefore didn't require disclosure. The applicant also challenged the imposition of cost, particularly its direction to the Prime Minister's National Relief Fund.
The Tribunal examined the inherent powers of recall available to NCLT, referencing the Supreme Court judgment in Greater Noida Industrial Development Authority v. Prabhjit Singh Soni & Anr. (2024 INSC 102), which held that recall power should be exercised sparingly in exceptional circumstances and not as a review. The court found that the applicant failed to disclose previous transfer application TA (IBC)-29(PB)/2023 seeking transfer of CP (IB) No. 1913/2019 from Court - V, Special Bench, NCLT, New Delhi, which constituted material non-disclosure.
Final Outcome
The application RA-56/2026 was dismissed. The Tribunal upheld the dismissal of the original transfer application (TA-28(PB)/2026) and the imposed cost of Rs. 50,000. The court found no grounds for recall of the order dated 05.06.2026 or for setting aside the cost imposition.
Topics: NCLT Proceedings, Recall Application, Cost Imposition