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TMI Blog2022 (11) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... 4004 of 2022 filed by the Appellant/Applicant to recall the Order dated 27th May, 2022 has been rejected. The Adjudicating Authority has observed that the present Application actually wants to review the Order dated 27th May, 2022 which is not permissible. 3. Learned Counsel for the Appellant submits that in the I.A. No. 2407 of 2022, the Appellant has made prayers and Adjudicating Authority has rejected the Application after hearing the Learned Counsel for the Applicant but had not adverted to Prayer "d" which was made in the Application. The Order which was passed on 27th May, 2022 is at page 206 of the Appeal Paper Book. Application was rejected by making following observations: "..... Heard the Ld. Counsel appearing for the Appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in I.A. 2407/2022; b. Consequently, issue notice to Respondents in I.A. 2407/2022 preferred by the Applicant; and c. pass such other further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case, in favour of the Applicants." 5. Learned Counsel for the Appellant submits that Adjudicating Authority has power to recall the Order since Prayer 'd' of I.A. No. 2407 of 2022 was not considered on merits. He submits that the Appellant was only asking for recall of the Order not the review of the Order. 6. We have considered the submissions of Learned Counsel for the parties and have perused the record. 7. The Application I.A. No. 2407 of 2022 was heard on merits and after hearing the parties, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitution of the Tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behaviour. This power is necessary for the orderly administration of the Court's business. 23. Since fraud effects the solemnity, regularity and orderliness of the proceedings of the Court and also amounts to an abuse of the process of Court, the Courts have been held to have inherent power to set aside an order obtained by fraud practised upon that Court. Similarly, 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. (See: Benoy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt which is to the following effect: "6. What is a power to recall? Inherent power to recall its own order vesting in tribunals or courts was noticed in Indian Bank Vs. M/s Satyam Fibres India Pvt. Ltd. 1996 (5) SCC 550. Vide para 23, this Court has held that the courts have inherent power to recall and set aside an order (i) obtained by fraud practised upon the Court, (ii) when the Court is misled by a party, or (iii) when the Court itself commits a mistake which prejudices a party. In A.R. Antulay Vs. R.S. Nayak & Anr. MANU/SC0002/1988 : 1988CriLJ1661, this Court has noticed motions to set aside judgments being permitted where (i) a judgment was rendered in ignorance of the fact that a necessary party had not been served at all and was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot a case where earlier order was passed by the Adjudicating Authority which suffers from lack of jurisdiction or any fraud was committed by the Court. 11. The next judgement is Company Appeal (AT) Ins. No. 504 of 2022 "Printland Digital (India) Pvt. Ltd. Vs. Nirmal Trading Company" where this Tribunal allowed the Appeal and remanded the matter to the Adjudicating Authority to consider the Application on merits where proceedings were proceeded against the Corporate Debtor since the right to file Reply was closed. The Judgement of this Tribunal as above directing for consideration of the Application was reference to Rule 11 of NCLT Rules, 2016. The facts of the above case and circumstances in which Court directed to consider the Application ..... X X X X Extracts X X X X X X X X Extracts X X X X
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