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2018 (7) TMI 2024 - NATIONAL COMPANY LAW TRIBUNAL HYDERABADMaintainability of application/affidavit - Rectification of order - rights issue - direction to pay dividends and interest accrued on such dividends in respect of three rights issue - Rule 154 of NCLT Rules - HELD THAT:- The Tribunal can rectify any order where there is an arithmetic or clerical error occurred in the order. The power of Tribunal under Rule 154 NCLT Rules is limited for effecting correction in case of clerical or arithmetical mistakes or error arising from accidental slip or omission. It is not the case of Applicant that there is any clerical or arithmetical mistake occurred in the order. On the other hand she is asking for review of the order as if this Tribunal ought to have granted relief in her favour that she is entitled for the dividends declared on the allotment of shares in connection with three rights issue. So it is apparent that Tribunal by order dated 14.03.2017 had not committed any clerical or arithmetic error but the case of Applicant that Tribunal ought to have granted a relief of her entitlement to the dividends basing on the reliefs prayed by her. The learned Counsel for Respondent; rightly pointed that the order of this Tribunal stands merged with the order of Hon’ble NCLAT as order of this Tribunal was questioned before Hon'ble NCLAT and it was confirmed. This Tribunal cannot order for any rectification. In fact, the Applicant is seeking review of the judgement. The power of review is not conferred on the Tribunal. Secondly, when appeal was preferred to Hon'ble NCLAT, Section 420 (2) prohibits the tribunal for making any amendment. There is no clerical or arithmetical error in the order. Secondly, the appeal was preferred against the order to the Hon’ble NCLAT. Therefore, this order becomes merged with the order of the Hon'ble NCLAT. Thirdly, Tribunal has no power to review. Further, Applicant has not preferred any appeal for not granting any relief prayed by her to Appellate Authority - the present Application filed by the Applicant is not maintainable and is liable to be dismissed.
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