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TMI Blog2020 (12) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... a factual error in the order passed by this Tribunal. Considering the Rule, the Tribunal can exercise the power for correction of a mistake and not to substitute a view which was made while deciding a matter. It is not that the present Application which has been filed similar to a Review Application cannot be entertained, as the Application for rectification of order does not show any clerical or arithmetical mistakes - this Tribunal cannot travel beyond the record to see whether the order is correct or not - application rejected. - I.A. No. 75/KOB/2020 in C.P./93/KOB/2019 - - - Dated:- 20-8-2020 - Ashok Kumar Borah, Member (J) For the Appellant : P.P. Zibi Jose, PCS, Abhilash Nediyalil Abraham, PCS For the Respondent : Ph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that: a) In para 19 and 20, this Tribunal has on the basis of the submissions of the Respondent/Petitioner concluded that Regulation 9 of Table A/ F is not applicable to the Applicant/Respondent Company. The above conclusion is erroneous as Clause 6 of the Articles of Association is replica of Regulation 9 of Table A/F. Clause 6 of AOA and Regulations 9, 10, 11 and 12 of Table A/Table F dealing with power of the Company with respect to lien on Shares and process and procedure for sale of the subject shares are verbatim. b) In para 21 and 22 of the order dated 05.03.2020, this Tribunal has concluded that AOA of the Company does not prescribe the process to be followed for recovery of dues payable from the shareholders and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neither comes under the category of clerical mistakes nor comes under the category of arithmetical error in the order of the Tribunal, and hence it is out of the purview of Rule 154. Further, the applicants have not been demonstrated at that there was any accidental slip or an omission to get the order rectified. It is true that under Section 420 of the Companies Act, 2013, this Bench may at any time within two years from the date of the order with a view to rectify any mistake apparent on the face of record, can amend an order if the mistake is an apparent mistake. The rectifications sought for through the present Interlocutory Application are not a mistakes apparent on the face of the record and hence it is out of the purview of Section 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the applicant company are circumscribed under Clause 6 of the Articles of Association. As there is a conscious omission of subsequent powers to the Board of the Company provided in Regulation 10 to 12 of Table A by clearly indicating that the Clause 6 of the Articles of Association dealing with lien on shares is applicable and not Regulation 9 of Table A, it can be seen that the powers of the Board on exercising lien on shares do not extend beyond the scope of Clause 6 and do not provide the consequential powers under the subsequent Regulations from 10 to 12 under Table A. Therefore, the findings of this Tribunal in the order dated 05.03.2020 in CP/93/KOB/2019 are legally correct and totally sustainable. There is no scope for any interf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 154 of the National Company Law Tribunal Rules, 2016 is reproduced below: Rule 154. Rectification of Order.- (1) Any clerical or arithmetical mistakes in any order of the Tribunal or error therein arising from any accidental slip or omission may, at any time, be corrected by the Tribunal on its own motion or on application of any party by way of rectification. (2) An application under sub-Rule (1) may be made in Form No.NCLT 9 within two years from the date of the final order for rectification of the final order not being an interlocutory order. 12 As per the above provision, the Tribunal is only entitled to rectify the clerical or arithmetical mistakes or error arising from accidental slip or omission. In the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est and self-evident error which does not require elaborate discussion of evidence or argument to establish it can be said to be an error apparent on the face of record and can be corrected. An error cannot be said to be apparent on the face of the recorded if one has to travel beyond the record to see whether the judgment is correct or not. An error apparent on the face of the record means an error which strikes on mere looking and does not need long-drawn out process of reasoning on points where there may conceivably be two opinions. Such error should not require any extraneous matter to show its incorrectness. To put it differently, it should be so manifest and clear that no court would permit it to remain on record. This does not includ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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