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2017 (5) TMI 1059 - HC - Companies LawApplication of the petitioner under Section 420(2) of the Companies Act, 2013 - revision petition - Held that:- In the present case, it remains undisputed by the opposite parties that while passing the order dated January 30, 2017 the Tribunal did not record the contentions raised on behalf of the present petitioner through oral argument and by filing the written note of submissions. Therefore, the Tribunal ought to have entertained and disposed of the application of the petitioner under Section 420(2) of the Act of 2013, but once again the Tribunal failed to discharge its duty to remove the mistake in passing the order dated January 30, 2017 which is apparent from the record. In the facts of the case as already discussed find substance in the contention raised on behalf of the petitioner on the strength of the Supreme Court decisions in the cases of Shalini Shyam Shetty (2010 (7) TMI 877 - SUPREME COURT ) that the impugned order dated April 11, 2017 passed by the Tribunal is vitiated by patent perversity resulting in gross and manifest failure of justice. For all the foregoing reasons, the revisional application succeeds.
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