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2017 (1) TMI 124 - HC - Companies LawMaintainability of appeal - Limitation period under Section 10-F - Special provision for limitation for filing an appeal against the orders of the Company Law Board - Held that:- The order dated 04.03.2016 passed on petitioner’s application purporting to be one under Section 151, 152 CPC read with Regulations 44, 45, 46 before the Company Law Board cannot be said to entail merger of the order dated 10.03.2015 therein, for time beginning to run for filing an appeal qua the Company Law Board’s order dated 10.03.2015. The doctrine of merger applies to appeals not to application of varied kinds filed in respect of orders. For the aforesaid reasons, I am of the considered view that this appeal against order dated 10.03.2015 filed on 13.05.2016 is wholly beyond the prescribed limitation and cannot be entertained to that extent. Regulations 44 is in the nature of inherent power of the Company Law Board a la Section 151 CPC. It cannot possibly be argued that the inherent powers of the Company Law Board empower it to reconsider on merits its own order. The application under Section 151, 152 CPC read with Regulation 44, 45, 46 seeking reconsideration of the order dated 10.03.2015 has therefore rightly been dismissed by the Company Law Board which is not vested with the power of review of its orders. The said application despite its camouflage was not maintainable. Even otherwise the jurisdiction of this Court under Section 10-F of the Act of 1956 can only be exercised where a question of law arises from the impugned order challenged in appeal. And no question of law even remotely arises from the order dated 04.03.2016 nor was even so argued.
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