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TMI Blog2020 (10) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... with CP No. 73/397-398/CLB/MB/2015 (Old)] have prayed for rectification of the some mistake which is stated to be occurred in the decision dated 15.03.2017 r.w. order dated 26.04.2017 as passed by previous Bench (the then Judicial Member). Thus, the applicants have made request that such error is required to be rectified as stated in the application. (As per Para 5 and 6 of the application). 2. For the sake of convenience, the relevant paragraphs of the present application are being reproduced hereinbelow. 1. It is submitted that by the present applicants that : 4. The applicants state that upon inquiry, pendency of the proceedings before this Hon'ble Tribunal came to the knowledge of the applicants. The applicants accordingly ceas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g of the entire judgment and order dated 15.03.2017 read with order dated 26.04.2017, especially the direction issued by this Hon'ble Tribunal in Paragraph 153, it is evident that the mention of respondent No. 3 has been removed through inadvertence and is absolutely a clerical error arising from an accidental slip. 8 The applicants submit that in view of the aforesaid, the applicants are constrained to prefer the present application seeking rectification of order dated 15.03.2017 read with order dated 26.04.2017 in TP No. 106/397-398/NCLT/AHM/2016. 3. The Petitioners claim to be legal heirs of late Mr. Prakashchandra Patel (Respondent No. 3) in [TP No. 106/397-98/NCLT/AHM/2016]. The Mr. Prakashchandra Patel (again respondent No. 3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rectified was passed on 15.03.2017 and 26.04.2017, thus it is bared by limitation. Further this Court has been vested with no such jurisdiction to make review of an order on the garbe of rectification. If there appears no apparent error on the face of record which only can be the reason for making review/rectification of such order, which is not the case here. Because the order in question (seeking for rectification) has already been taken into an appeal before Higher Forum i.e., Hon'ble NCLAT (National Company Law Appellate Tribunal) and further before the Hon'ble Supreme Court, However, as both appeal have been dismissed by the Hon'ble NCLAT and further by the Hon'ble Supreme Court, thus such order has already been confirm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal bearing Company Appeal (AT) No. 159 of 2017 which came to be dismissed by the Hon'ble NCLAT vide its order dated 22nd December, 2017 by upholding the order of this bench dated 15.03.2017 (r.w. 26.04.2017) in toto. Further, as per record the matter was taken into record to the Hon'ble Supreme Court which vide its order dated 23.03.2018 has pleased to confirm the order of the NCLAT while dismissing the SLP civil appeal filed against such order. Thus, this bench's order dated 15.03.2017 r.w. 26.04.2017 stands merged with the order of Hon'ble Supreme Court as well as of Hon'ble NCLAT. Hence, the proposed rectification/correction in the above said order may not be legally permissible as has been confirmed and merged with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clerical mistake due to accidental slip and except to relief No 9. 15. Thus, the learned Judge of previous Bench has allowed the same with regard to the Para 1 to 8 and 9 to 10 of the application and made suitable amendment and correction in the order dated 15.03.2017 by his own hand writing in Para (in question), 144, 145 and 153 of the order. It may also be seen that the learned Judge in his own handwriting made a correction in Para 142 stating that the purchase of the Share of the Respondent 2 or Respondent No. 2 and 3 is not according to the procedure nor as per the member of the Respondent company without asking to purchase share of the Respondent No. 2. Thus, it seems that Hon'ble Judge had taken a conscious decision to choose t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l slip in the order which could not been brought to the notice of the Hon'ble NCLAT and Hon'ble Supreme Court. Then, even in the interest of justice, it cannot be done by us without having express permission/NOC from the appellate forum/s. Otherwise, in our humble view, it may tantamount to cause material alteration in the order which may change the purport of the order in appeal as passed by the Hon'ble Supreme Court and Hon'ble NCLAT. Hence, it is now no left open to this Court. 18. For the aforesaid reasons, the present IA is not maintainable and is liable to be rejected. 19. Notwithstanding a liberty can be granted to the party concern to approach the Hon'ble NCLAT/Higher Forum, for appropriate relief/direction to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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