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2023 (5) TMI 16 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHISeeking modification in the order - direction was issued to the Resolution Applicant to make distribution to the Appellant as per its admitted claim of Rs.956.21 crores which however, shall be without affecting distribution of amounts to other Financial Creditors both Assenting and Dissenting Financial Creditors and other stake holders - jurisdiction of Appellate Tribunal to give such directions - HELD THAT:- Rule 11 states the inherent powers of the Appellate Tribunal to make such orders or give such directions as may be necessary for meeting the ends of justice or to prevent abuse of the process of the Appellate Tribunal. The power has to be exercised to avoid ambiguity and confusion. However, Rule cannot be invoked to revisit the findings retuned as regards the assertion of facts and pleas raised in the appeal and it is not open to re-examine the findings on questions of fact. It is, however, open to correct the conclusion if the same is not compatible with the finding recorded. Granting the relief, as prayed in the application, shall involve modification of direction as contained in Para 30(II). This Tribunal consciously directed that additional burden be taken by the Applicant, which is clear by direction (III). Payment in consequence shall be borne by the Resolution Applicant. Permitting the direction as prayed in Para 4(II) of the application, which is prayer to modify the judgment shall clearly go contrary to the Direction issued in Para 30(III). What in essence is asked is to modify the direction - the prayer which is sought by the Applicant are not within the jurisdiction of this Tribunal and cannot be granted in exercise of our jurisdiction under Rule 11. Of course any error in the judgment can be corrected in the Appellate Jurisdiction. Application dismissed.
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