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2022 (3) TMI 118 - AT - Companies LawReview application - bonafide error or not - Oppression and Mismanagement by the then Managing Director - company is incorporated for charitable purpose - HELD THAT:- What is an error apparent on the face of record cannot be defined precisely or exhaustively, there being an element of indefiniteness inherent in its very nature and it must be left to be decided judiciously, on the facts of each case. It is to be remembered that the Companies Act, 2013 does not clothe the Tribunal to Review its own order and Judgment. But Section 420(2) of the Companies Act, 2013 is empowering the Tribunal to act any time within two years from the date of the order in order to rectify any mistake apparent from the record, amend any order passed by it and to make such amendment, if a mistake is brought to its notice by the Litigants/Stakeholder. Undoubtedly, a Tribunal has no inherent power of review as per Civil Procedure Code. However, the Tribunal has the requisite power to set right/rectify any mistake apparent from record and to amend an order accordingly - The power of Review is not an Inherent Power and Rule 11 of the National Company Law Rule, 2016 cannot be pressed into service. Furthermore, there is no express provision that showers Power of Review upon the National Company Law Tribunal either in an express fashion or by means of necessary implications, as the case made be. As far as the present case is concerned, even though the Appellant has preferred the instant Company Appeal (AT)(CH) 11 of 2022 before this Tribunal, as against the impugned order dated 11.03.2020 in IA No. 29/KOB/2020 in TCP/21/KOB/2019, under Section 421 of the Companies Act, 2013, since the Central Government has established the Serious Fraud Investigation Office to investigate fraud relating to a Company and that the Central Government is to assign the investigation into affairs of a Company by Serious Fraud Investigation Office and its Director may designate such numbers of Inspectors, as he may consider necessary, for the purpose of such investigation vide Section 212 of the Companies Act, 2013 by following the procedure under Section 213 of the Companies Act, 2013, in stricto sense of the term. When the Prime Grievance of the Appellant is that the impugned Order dated 11.03.2020 in IA No. 29/KOB/2020 in TCP 21/KOB/2019 on the file of the National Company Law Tribunal, Kochi Bench that the said Order was passed without hearing the Central Government being the Primary Competent Authority then, the Central Government/Union of India (through Serious Fraud Investigation Office) ought to have preferred the Appeal against the impugned order dated 11.03.2020. However, such recourse has not been resorted to. Viewed in that perspective, this Tribunal unresistingly comes to a consequent conclusion that the Appellant/Registrar of Companies, Kerala is not the proper and competent person to prefer the instant Company Appeal. Appeal dismissed.
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