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2019 (4) TMI 1801 - Tri - Companies LawReview/recall of order - power of Tribunal to review of its order - compliance with the provisions of Section 131 read with Section 128(1) of the Companies Act, 2013 - HELD THAT:- This Tribunal not being a civil Court, has no power or authority to review its own order even if the new facts pleaded in the supplementary affidavit were not brought to the notice of the Tribunal when this case was argued on the side of the Applicant. Power of review of its own order is not mentioned in Section 424(2) of the Companies Act,2013. The prayer is not for rectifying any mistake apparent from the record, but for recalling of the order dated 24th January,2019. As per Section 420(2) of the Companies Act,2013 this Tribunal is empowered to amend the order if the mistake is brought to the notice by the parties within two years of the date of the order. The prayer of incorporation of "crucial and necessary facts" and documents cannot be entertained. The Petitioner has failed to place on record any justifiable reason for not placing those so called "crucial and necessary facts" at the stage of hearing and passing of the orders sought to be reviewed - The request of the Petitioner seeking to approve the proposed Scheme of demerger without compliance of the provisions of the Act, as directed, is declined. The prayer for recalling the order dated 24th January, 2019 is not maintainable.
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