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TMI Blog2017 (8) TMI 802X X X X Extracts X X X X X X X X Extracts X X X X ..... court of law falls within the category of “omission” by the Tribunal. For the purpose of rectification of any order under Rule 154, the omission must be such, which should be related to the case. In absence of any evidence to show that a judgment of Appellate Tribunal or Court was referred, it cannot be accepted to be an “omission” by Tribunal. Further no Court or Tribunal is bound to refer all or any judgment cited by anyone or other party, whether relevant or irrelevant. For the reasons aforesaid and as the Tribunal has no general power to review its own order or judgment, we uphold the impugned orders dated 24th April, 2017 passed by Tribunal. Appeal from orders of Tribunal - Held that:- As per sub-section (3) of Section 421, every ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for review of both the orders dated 26th September, 2016 on the grounds that there are omissions the Tribunal having not taken into consideration the judgment of the National Company Law Appellate Tribunal (hereinafter referred to as Appellate Tribunal ) dated 28th February, 2016 in M/s. Viavi Solutions India Private Limited others vs. Registrar of Companies, NCT Delhi and Haryana - Company Appeal (AT) 49 ect. of 2016 whereunder the Appellate Tribunal laid down the factors to be taken into consideration for compounding the offences. The Tribunal by two different impugned orders, both dated 28th April, 2017 while holding that the review cannot be confused with the appeal wherein one order can be replaced by another, further held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal may, at any time within two years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties: Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act. (3) The Tribunal shall send a copy of every order passed under this section to all the parties concerned. 5. The Tribunal has inherent power under Rule 11 of NCLT Rules, 2016, in terms of which the Tribunal may make such orders as may be necessary for meeting the ends of justice or to prevent abuse of the process of the Tribunal, as quoted below: 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pletion of pleadings, and on such terms as to costs or otherwise, as it may think fit, amend any defect or error in any proceeding before it; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding. 8. From the aforesaid provisions, it is clear that there is no inherent power to review, as is under Order 47 Rule 11 of the Code of Civil Procedure, 1908 but the Tribunal has power conferred by sub-section (2) of Section 420 of the Act, 2013 to rectify any mistake apparent from the record and to amend the order accordingly. 9. The present case of the appellant do not fall within the meaning of 'mistake apparent on the face of the record' of app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e reasons aforesaid and as the Tribunal has no general power to review its own order or judgment, we uphold the impugned orders dated 24th April, 2017 passed by Tribunal. 14. In so far as the original orders both dated 26th September, 2016 is concerned, we are not inclined to decide the case on merit in respect to the aforesaid orders, which are reached finality in view of Section 421 of the Companies Act, as quoted below: 421. Appeal from orders of Tribuna l.- (1) Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal. (2) No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties. (3) Every appeal under sub-section (1) shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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