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2022 (10) TMI 383 - AT - Insolvency and BankruptcyReview of a final order passed by NCLAT - Section 151 of the Civil Procedure Code - HELD THAT:- Section 151 of the Civil Procedure Code (CPC) deals with inherent powers and the statute of CPC provides inherent powers to a civil court to advance the cause of justice and undo any wrong in administration of justice. On the contrary, the IBC does not contain any provision providing inherent powers to the tribunal and it is only rule 11 of the NCLAT Rules, 2016 which provides inherent powers. The wordings of rule 11 are also noteworthy in that it contains that nothing in the rules shall be deemed to limit or otherwise affect the inherent powers of tribunal. This inherent power extends to the extent that they do not limit the exercise of power by NCLAT in meeting the end of justice or preventing the abuse of the process of the tribunal - in the instant case, the Applicant is aggrieved by a certain portion of the order dated 20.7.2022, which is in the nature of substantive order and is not connected with use or abuse of the process of the tribunal. This tribunal is limited in its jurisdiction to review or recall an order using inherent powers under rule 11 of the NCLAT, Rules, 2016, if such an action is to make substantive change/modification in the relevant order. In the present case, the prayer of the Applicant is to make substantive change in the order of this tribunal dated 20.7.2022 - Application rejected.
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