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TMI Blog2017 (1) TMI 1777X X X X Extracts X X X X X X X X Extracts X X X X ..... to a party affected by it; or where an order was obtained by abuse of the process of the court which would really amount to its being without jurisdiction, inherent powers can be exercised to recall such order, for the reason, that in such eventuality lune order becomes a nullity and the provisions of section 362 crpc would not operate. In INDIAN BANK VERSUS M/S. SATYAM FIBRES INDIA PVT. LTD. [ 1996 (8) TMI 518 - SUPREME COURT] stated the legal position that where the Court is misled by a party or the court itself commits a mistake which prejudices a party, the Court has the inherent power to recall its order. Application disposed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ing order was passed; The investigation is still in progress. This application is not entertained at this stage. It shall be open for the applicants to come back to this Court if ultimately the chargesheet is filed and there is no legal evidence for the purpose of framing of charge. This application is, accordingly, disposed of. 6. Mr. Salim M. Saiyed, the learned counsel appearing for the applicants submitted that although the appearance shown in the cause list was of Ms. Vandana J. Jani, yet the applicants had instructed him to appear in the matter, but on account of the personal difficulty, he could not remain present and conduct the matter. According to him, he should be given one opportunity to make good his case by recalling the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the impugned Order by fraud. f) That the Court has failed to exercise the jurisdiction vested in it; g) That the Court has acted beyond the jurisdiction vested in it; h) That the Court has improperly exercised the jurisdiction. 12. On the other hand, an order can be recalled in certain circumstances like where the order was passed in breach of natural justice; where the order was obtained by misleading/perpetrating fraud upon the Court etc. 13. In the case of Vishnu Agarwal vs. State of U.P., AIR 2011 SC 1232, the Supreme Court aptly reiterated the distinction between the exercise of review jurisdiction and recall jurisdiction. The Court observed; Para 9: In Asit Kumar Vs. State of West Bengal and Ors. 2009(1) SCR 469, this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i alteram partem rule of natural justice. The power of recall is different from the power of altering/reviewing the judgment. 1970 CrLJ 378; 1985 CrLJ 23; AIR 1987 Raj 83 (PB); AIR 1972 SC 1300; AIR 1981 SC 1156; (2009) 2 SCC 703; AIR 2011 SC 1232;} 15. In the case of Kushalbhai Ratanbhai Rohit and Ors vs. The State of Gujarat, reported in AIR 2014 SC 2291, the Supreme Court, while dealing with section 362 of the Cr.P.C., 1973, ruled that a Judge can recall the order and change his mind even though the draft copy is signed and dictated in the open court. The relevant paras- 7 and 8 are reproduced herein below; Para 7: In Sangam Lal V/s. Rent Control and Eviction Officer, Allahabad & Ors., AIR 1966 All 221, while dealing with the rent contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind but takes no steps to arrest delivery. But one cannot assume that he would not have changed his mind if he is no longer in a position to do so. A Judge's responsibility is heavy and when a man's life and liberty hang upon his decision nothing can be left to chance or doubt or conjecture; also, a question of public policy is involved. As we have indicated, it is frequently the practice to send a draft, sometimes a signed draft, to a brother Judge who also heard the case. This may be merely for his information, or for consideration and criticism. The mere signing of the draft does not necessarily indicate a closed mind. We feel it would be against public policy to leave the door open for an investigation whether a draft sent by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by him which are relevant to the litigation. If he withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the court as well as on the opposite party". Every court has inherent powers to recall such judgment/order where order/judgment is alleged to have been obtained by fraud- suppression of facts- misrepresentation; or where it is brought to the notice. of the Court that the Court itself has committed a mistake. The Court concluded: "The principle of 'finality of litigation' cannot be pressed to the extent of such an absurdity that it becomes an engine of fraud in the hands of dishonest litigants". 18. In Indian Bank v. Satyam Fibres (India) Pvt. Ltd. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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