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2019 (11) TMI 965 - MADHYA PRADESH HIGH COURTJurisdiction - power of review of the CLB - inspection of the original documents referred to and relied upon by the appellants in their affidavit in reply - Whether power of review not specifically conferred upon the Company Law Board by the Rules/Regulations statutorily framed, could still be exercised by the Board by restoring to the inherent powers conferred upon it under Regulations 44 of the Company Law Board Regulations, 1991? HELD THAT:- One cannot lose sight of the fact that during the period from 10.08.2010, when the inspection of the document was allowed to 18.10.2011, when the last opportunity of two weeks was granted to file rejoinder, forfeiting the right if order is not complied with, and for that matter even on 08.02.2012, no allegation that “inspection of all the documents was not provided” or “certified copy of the documents not supplied” was made by the respondent nor there were any allegations that appellants had made false or misleading statements or used forged and fabricated documents. The reasoning and the observations made by the Bench, which led the Board to exercise its inherent powers to recall/review its earlier orders are against the record and not sustainable. In Patel Narshi Thakershi and others Vs. Shri Pradyumansinghji Arjunsinghji [1970 (3) TMI 163 - SUPREME COURT], the Supreme Court has held that it is well settled that power to review is not an inherent power. It must be conferred by law either specifically or by necessary implications. Thus, the power of review was in fact contained in the Company Law Board Regulations, 1975 as Rule 45 and was incorporated in the Company Law Board Regulations, 1991, as Regulation 27. However, in 1992, this regulation was specifically omitted. No provision has been brought to my notice from which it could be gathered that the Board had power to review its own order. If the power of review has been specifically omitted. It is not possible to import the provision of review by taking shelter under Regulation 44 - The inherent powers are inherent by virtue of the Court/Tribunal with the duty to render justice. The inherent jurisdiction can be restored to only when there is no other remedy available to the party. The question of law is decided in favour of the appellants - Appeal allowed - decided in favor of appellant.
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