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2022 (3) TMI 823 - NATIONAL COMPANY LAW TRIBUNAL , KOCHI BENCH , KERALAJurisdiction - Seeking review and modification of the order - affiliation with the Divine Trust or not - mismanagement of affairs of the 1st Respondent Company or not - whether this Tribunal has jurisdiction to entertain an application for review? - 154 of the National Company Law Tribunal Rules, 2016 and Section 420(2) of the Companies Act, 2016 - HELD THAT:- As per Rule 154 of NCLT Rules, 2016, the Tribunal can only rectify the clerical or arithmetical mistakes or error arising from accidental slip or omission. As per Section 420(2) of the Companies Act, 2013 the Tribunal can rectify any mistake apparent from the record, amend any order passed by it. In the present application the applicants sought to review the order passed by this Tribunal. In view of Rule 154 of the NCLT Rules, 2016 and Section 420(2) of the Companies Act, 2013, the Tribunal can exercise this power for correction of a mistake and not to substitute a view which was made while deciding a matter. However, we could not find any error apparent on the face of record, warranting any correction in the order. Thus, it is the well laid down proposition of law that ‘in the absence of any power of ‘Review’ or ‘Recall’ vested with the ‘Adjudicating Authority’, an order/judgment passed by it cannot be either reviewed or recalled. Therefore, it is crystal clear that the order passed by the Tribunal in Company Petition between the parties inter se has become ‘conclusive’, ‘final’ and ‘binding’. Review application dismissed.
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