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TMI Blog2022 (3) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... slip or omission. As per Section 420(2) of the Companies Act, 2013 the Tribunal can rectify any mistake apparent from the record, amend any order passed by it. In the present application the applicants sought to review the order passed by this Tribunal. In view of Rule 154 of the NCLT Rules, 2016 and Section 420(2) of the Companies Act, 2013, the Tribunal can exercise this power for correction of a mistake and not to substitute a view which was made while deciding a matter. However, we could not find any error apparent on the face of record, warranting any correction in the order. Thus, it is the well laid down proposition of law that in the absence of any power of Review or Recall vested with the Adjudicating Authority , an ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent contributing up to 75% of its revenue. The company initially had only two shareholders, the Petitioner and the shareholder, and 76% of the 3rd Respondent s shareholding was disposed to 19 new shareholders forming part of the Vincentian Congregation, including the 2nd and 4th Respondents. Upon induction of new shareholders, the 2nd and 4th Respondents were inducted as directors. Pursuant to such appointment the 2nd and 4th Respondents, failed to comply with Sections 89 and 184 of the Companies Act 2013 and are in concert attempting to oppress the Petitioner for which the Petitioner preferred TCP/26/KOB/2019. 3. It is further stated that the entire premise of the contentions raised by the Petitioner is threefold wherein the 2nd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the Order of the Hon ble High Court of Kerala, wherein the Hon ble High Court declined to entertain the Writ Petition filed under Article 226 observing that if the Petitioner files appropriate Interim Application/ Urgent Memo before this Tribunal, the Tribunal will indeed consider the application for interim relief taking into consideration of the entire facts and circumstances of the case. 5. Today when this Review Application was taken up for hearing the learned counsel for the Respondents appeared and submitted that the Review Application is not at all maintainable before this Tribunal under Section 420 of the Companies Act in view of the fact that the Company Petition was dismissed on merits. 6. We have heard Shri Aditya Venug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 8. As per Rule 154 of NCLT Rules, 2016, the Tribunal can only rectify the clerical or arithmetical mistakes or error arising from accidental slip or omission. As per Section 420(2) of the Companies Act, 2013 the Tribunal can rectify any mistake apparent from the record, amend any order passed by it. 9. In the present application the applicants sought to review the order passed by this Tribunal. In view of Rule 154 of the NCLT Rules, 2016 and Section 420(2) of the Companies Act, 2013, the Tribunal can exercise this power for correction of a mistake and not to substit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 include the power to modify any substantial part of the judgment which determine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Andhra Pradesh). Also, for correcting an erroneous decision, Review will not lie, as opined by this Tribunal . Further, the Hon ble Supreme Court in Patel Narshi Thakershi vs. Pradyumansinghji Arjunsinghji reported in AIR 1970 Supreme Court 1273 had observed and held that power of Review is not an inherent power . 27. It is the well laid down proposition of law that in the absence of any power of Review or Recall vested with the Adjudicating Authority Appellate Authority , an order/ judgment passed by it cannot be either Reviewed or Recall as opined by this Tribunal. ******************** **** 29. It is not in dispute that as against the judgment dated 16.10.2019 in Comp App (AT)(Ins) No.412/2019 (in the mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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