2024 (3) TMI 1140 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI - LB

Review petition - impugned order passed by this Appellate Tribunal, without hearing him, as an Aggrieved and Necessary Party - Issuance of directions for initiating Perjury Proceedings, against the Respondent Nos. 1 & 2, to protect Authority and Majesty of this Tribunal, and thus restore the Purity of Administration of Justice - Whether the presence of a Particular Party, is necessary in order to enable the Court(s), effectively and completely, to adjudicate upon and settle all the questions, which are involved in the Petition?.

Power to Recall - HELD THAT:- The Power to Recall a Judgment, will not be exercised when the ground for Re-opening the Proceedings or Vacating the Judgment was available to be pleaded in the original action, but was not done or a proper remedy, in some other proceedings, such as, by way of Appeal, was available, but was not availed. Also that, the right to seek Vacation of a Judgment, may be lost by, either Waiver or Estoppel or Acquiescence.

Power of Review - HELD THAT:- The Power of Review is not an Inherent Power, but it is a creation of Statute. A Review of Judgment, cannot be granted in the garb of Clarification, as per decision of Hon’ble Supreme Court, reported in [2004 (5) TMI 606 - SUPREME COURT]. A Review Court, cannot sit in Appeal, over its own Order and rehearing of matter is impermissible in Law - A Debatable and Legal issues are not covered by the expression Sufficient Reason and as such, no Review, would lie. Also that, where, all the Pleas, urged in Review Petition, were reiteration of grounds, urged during the Hearing of Appeals, Review Petitions, were held not maintainable.

Since Power of Review, is a Right, created by a Statute, it cannot be exercised by the Tribunal, in the absence of Statute, providing for it. As a matter of fact, the term Recall, should not be expanded to be read as Synonym for Review.

The present Review Petitioner (Erstwhile Liquidator of M/s. The Jeypore Sugar Company Limited / Corporate Debtor), has no Vested Right, to file the Review Application and further, he cannot pray for Recall of the Impugned Order, passed by this Tribunal.

More importantly, the Review Petitioner (in person), cannot indulge in a Fishing Expedition, in filing the Review Application No. 3 / 2024, without any foundation / justification or any legal basis.

Keeping in mind of the well laid down Proposition of Law that Power of Recall, is not the Power of the Tribunal, to Re-hear the case, to find out any apparent error, in an Order or Judgment, as the case may be, this Tribunal, comes to an irresistible and cocksure conclusion, that the instant Review Application, filed by the Review Petitioner, in his personal capacity is not perse Maintainable, especially, in the teeth of he being neither a Necessary or Proper Party, to the case.

Review application dismissed.