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2020 (9) TMI 81 - HC - Companies LawReview petition - error apparent on the face of record or not - Interpretation of statute - Section 529A read with Section 529 of the Companies Act, 1956 - mortgage property - preferential claims have not been appreciated by this Court. HELD THAT:- It is evident from the grounds raised for reviewing the judgment that petitioners are trying to re-argue the points, which have already been decided by this Court, after considering facts and circumstances placed before it as well as provisions of Section 529 read with Section 529A of the Act - The petitioners cannot be allowed to re-agitate points in review petition, which have already been decided by this Court. A decision not accepting the plea of a party, but passed after taking into consideration entire facts and circumstances brought on record and considering pronouncements of the Apex Court as well as provisions of law applicable to the case, cannot be termed having apparent error on the face of record. Thus, there is no error in interpreting the relevant provisions of law and appreciating pronouncements of the Apex Court, however, even if, plea of petitioners is accepted that there is incorrect interpretation of law, then also, for the detailed discussion in the impugned judgment, with respect to provisions of the Act and ratio of law laid down by the Supreme Court, such error cannot be said to be self evident, but the same is to be detected by a process of reasoning and such error, if any, cannot be said to be an error apparent on the face of record, so as to attract the jurisdiction under Order 47 of Civil Procedure Code. Review petition dismissed.
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