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TMI Blog2022 (10) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by NCLAT - Section 151 of the Civil Procedure Code - HELD THAT:- Section 151 of the Civil Procedure Code (CPC) deals with inherent powers and the statute of CPC provides inherent powers to a civil court to advance the cause of justice and undo any wrong in administration of justice. On the contrary, the IBC does not contain any provision providing inherent powers to the tribunal and it is only rule 11 of the NCLAT Rules, 2016 which provides inherent powers. The wordings of rule 11 are also noteworthy in that it contains that nothing in the rules shall be deemed to limit or otherwise affect the inherent powers of tribunal. This inherent power extends to the extent that they do not limit the exercise of power by NCLAT in meeting the end o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition on merits. The relevant portion of the order dated 20.07.2022, by which the Applicant is aggrieved, is as follows:- "Instead of filing a fresh petition under Section 7 of the Code, on the pretext that there was a breach of consent of terms, the Contempt Petition was filed which is totally uncalled for and unwarranted. Thus, while we are holding that the Contempt Petition was not maintainable at all as it has been filed while misunderstanding the order dated 18.09.2019." 3. The Learned Counsel for Applicant was heard on the application. He has submitted that the Impugned Order dated 20.01.2020 in MA No. 3564/2019 in CP(IB) No. 1084 of 2019 was appealed against and this tribunal was pleased to pass order dated 20.07.2022 whereby ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld come in the way of consideration of the contempt petition presently pending before the NCLT. 4. A question was put to the Learned Counsel of Applicant to state the provision under IBC, 2016, which permits the bench which has passed a final order, to change or modify it substantially. The Learned Counsel for Applicant was unable to mention any specific provision in the IBC, but claimed that this tribunal can, using power under rule 11 of the NCLAT Rules, 2016, modify its own final order in the interest of justice. 5. The Learned Counsel for Applicant has also submitted that in the appeal filed by Applicant Rajendra Mulchand Verma, he did not seek any relief regarding the maintainability of the contempt petition and only prayed for sett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riate course of action open to the applicant is to approach the Hon'ble Supreme Court under section 62 against the said judgment, if the Applicant so desires. 9. Section 151 of the Civil Procedure Code (in short 'CPC') deals with inherent powers and the statute of CPC provides inherent powers to a civil court to advance the cause of justice and undo any wrong in administration of justice. On the contrary, the IBC does not contain any provision providing inherent powers to the tribunal and it is only rule 11 of the NCLAT Rules, 2016 which provides inherent powers. The wordings of rule 11 are also noteworthy in that it contains that nothing in the rules shall be deemed to limit or otherwise affect the inherent powers of tribunal. This inhere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnative to filing fresh suits, appeals, revisions, or reviews. A party cannot find solace in Section 151 to allege and rectify historic wrongs and bypass procedural safeguards inbuilt in the CPC." 11. The CPC has specific provision regarding inherent powers and hence, we are of the opinion that the above stated ratio shall apply in the present matter, insofar as it relates to a wrong that may be there in a final order. 12. The Learned Counsel for Applicant has cited judgment of Hon'ble Supreme Court in the matter of Rama Narang v. Ramesh Narang (supra) and judgment of the Bombay High Court in the matter of Nirmal Urban Co-operative Bank Ltd. v. Mamta Keneddy Naidu (supra) where the fact that merely because an order or decree is executable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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