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2020 (9) TMI 801 - AT - Insolvency and BankruptcyReview of order - correction of an error ‘apparent on the face of record’ - Section 420(2) of the Companies Act, 2013) r/w Rule 11 of the ‘NCLAT’ Rules, 2016 - HELD THAT:- It is to be pointed out that the power to ‘Review’ is not an ‘inherent power’ and must be showered by Law either expressly or by necessary implication. As a matter of fact, the power to ‘review’ is a creation of statute. Indeed, a ‘Review Jurisdiction’ cannot be pressed into service as an ‘Appellate Jurisdiction’. Moreover, the ‘Power of Review’ is not to be confused with an Appellate power. A ‘review’ cannot be claimed or asked for merely for a fresh hearing or arguments or the correction of an erroneous view taken earlier - It is an axiomatic principle in Law that an error contemplated must be such which is apparent on the face of record and not an error which has to be fished out and searched. The term ‘Review’ judicially and literally means ‘reexamination’ or ‘re-consideration’. Under the guise of ‘Review’ the Tribunal would not rehear the parties both on ‘facts and Law’. If two views are possible on the point involved, the same is not a ground for ‘Review’. It cannot be gainsaid that ‘I&B’ Code, 2016 does not contain any provision for ‘Review’. Also, it does not contain any provision similar to Section 420 of the Companies Act, 2013. In this connection, a mere perusal of the ‘National Company Law Appellate Rule’ 2016 unerringly point out that there is no express Rule for ‘Review’. There can be no two opinion of a prime fact that Rule 11 of ‘NCLAT’ Rules, 2016 is not a substantive Rule which confers any power or jurisdiction on the ‘Tribunal’. A ‘Tribunal’ has no power to perform an act which is forbidden by Law - The term ‘record’ in Section 420 of the Companies Act, 2013 means record to the proceedings of the case. An error must be a ‘patent error’ and not a mere ‘wrong decision’. Where two views are possible and the matter is debatable, the order cannot be rectified by mistake apparent from record. When there is no mistake apparent from the record in the judgement delivered by a Tribunal, then an application for review filed by the concerned Applicant cannot be construed to be one under Section 420(2) of the Companies Act or under Rule 11 of ‘NCLAT’ Rules, 2016. Review application dismissed.
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