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TMI Blog2021 (1) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... nch on 05.03.2020 with the following directions: I. "The Petitioner is declared as the legitimate equity share holder under Folio No. 53. II. We hereby direct the rectification of the Register of Members of the Respondent Company by re-entering the total number of 100 equity shares belonging to the Petitioner in the share register of the Company and further ordering to restore the total shareholding of the Petitioner as it is existed prior to 08.02.2019 forthwith. III. The Respondent Company is restrained from conducting tender for sale of 100 shares from allotting or effecting transfer of any shares belonging to the Petitioner without his express consent to any members or non-members till rectification of share register. IV. The Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the order of this Bench arises only an account of the Tribunal finding AOA / Companies Act do not have any power and hence other statutes were relied. 4. The learned counsel for the Respondent submitted that the above IA is liable to be dismissed with costs as ex facie, it appears that the applicant is demanding altogether a larger relief which was not within the contours of Section 420 of the Companies Act, 2013 r/w Rule 154 of the NCLT Rules, 2016 which is purely dealt with clerical or arithmetical mistakes apparent on the face of record or any omission or accidental slips arising therein. 5. The learned counsel for the Respondent further submitted that Rule 154 of the National Company Law Tribunal Rules, 2016 which dealt with "Recti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e result of exercise of judicial function" 7. In order to fortify his arguments the learned Counsel for the Respondent quoted the following judgments : Sneha Traders vs. Vijaya Kumar V Iyar, (Company Appeal (AT) (Insolvency) No. 924 of 2019) dated 24.01.2019. Assistant Commissioner, Income Tax vs. Saurashtra Kutch Stock Exchange, (Civil Appeal No. 1171 of 2004) dated 15.09.2008. 8. The learned counsel for the Respondent further submitted that with the repeal of the Companies Act, 1956 Table F under Schedule 1 of the Companies Act, 2013 would have been applicable to the Company, if the Articles of the Company were amended accordingly in tune with the provisions of the Companies Act, 2013 since it is specifically provided under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CLT Rules, 2016 and they have not relied on Section 420 of the Companies Act, 2013 as contended by the Respondent. The applicants are not seeking any larger relief but only requesting rectification of an apparent error therein arising from an accidental slip/omission. The learned counsel for the applicants further submitted that the Respondent is misinterpreting the word "clerical" used in Rule 154 of the NCLT Rules, 2016 as "clerical error". Whereas, there are three circumstances which permit rectification namely; clerical mistake, arithmetical mistake or errors. All three of them are distinct and stand alone. 10. The applicant further submitted that cancellation of shares was in accordance in the Articles of Association of the Company. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lows:- "iv. Whether the Adjudicating Authority has power to modify its own order? Section 420(2) of the Companies Act, 2013 provides as under: The Tribunal 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. Rule 154 of the NCLT Rules, 2016 provides that: (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. According,(sic) the NCLT does not hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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