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2019 (8) TMI 270 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIDirection to allot or transfer such number of shares so as to entitle the Petitioner to maintain her percentage shareholding - HELD THAT:- Although it appears that if the relief was being granted to the Appellant as was directed in the primary Order directing Respondents to allot all the three rights issue shares, the consequential relief should also have been considered and granted by the NCLT. However, Appellant preferred no Appeal and now the position happens to be that after the primary Order was passed by NCLT, the Respondents preferred Appeal and even that has been decided. The Tribunal can rectify any mistake apparent from the record, if the mistake comes or is brought to its Notice by the parties within two years. The Sub-Section (2) has a proviso which puts an embargo on this power of NCLT by directing that no such amendment shall be made in respect of any Order against which Appeal has been preferred under this Act. Undisputedly, the appeal was filed. Even in the Appeal although the Appellant appeared as Respondent, the Appellant does not appear to have raised this grievance that the further or consequential relief was not granted. The Appellant did not file the Appeal on its own also, if she had grievances regarding part of relief not being granted. Admittedly, relief on the count of consequential relief had been sought in the Company Petition and when the NCLT did not say anything about it in the final operative Order which was passed, keeping the above general principle of law in view, it amounted to refusing to grant the relief - If at that time, the Appellant did not file Appeal and even when the other side filed the Appeal, did not raise grounds to seek relief, we do not think that the NCLT has now committed any error in the present Impugned Order whereby the application of the Appellant has been dismissed. Appeal dismissed - decided against appellant.
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