2019 (5) TMI 1914 - AT - Insolvency and Bankruptcy

Maintainability of application - error apparent on the face of record or not - Section 11 of NCLAT Rules - HELD THAT - There is no provision of review under the procedures. Under sub-section (2) of Section 420, only mistake apparent from the record can be rectified. No such mistake apparent on the face of the record is shown by the counsel. The Applicant is re-agitating the issues which were earlier before the NCLT and then agitated before this Appellate Tribunal and regarding which we have already passed the judgement. Section 11 of NCLAT Rules cannot be so invoked so as to create power to Review Judgement, which Power has not been conferred by Legislature. Application dismissed.

Summary

The National Company Law Appellate Tribunal in New Delhi rejected an application for review of a previous judgement, stating that no mistake apparent from the record was shown and re-agitated issues had already been addressed in previous proceedings. The Tribunal emphasized that there is no provision for review under the procedures and that Section 11 of NCLAT Rules cannot create power to review a judgement without legislative conferment of such power. The application was rejected.