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2017 (8) TMI 802 - AT - Companies LawTribunal's general power to amend - mistake apparent on the face of the record - Held that:- The appellant(s) filed the petition under Rule 154, which relates to rectification of order, if there is clerical or arithmetical mistakes in the order or error arising from any accidental slip or omission, as may occur. But such power cannot be exercised to review an order or judgment, in absence of clerical or arithmetical mistakes. We do not agree with the submission made on behalf of the counsel for the appellant that non-reference to any one or other judgment passed by the Appellate Tribunal or any court of law falls within the category of “omission” by the Tribunal. For the purpose of rectification of any order under Rule 154, the omission must be such, which should be related to the case. In absence of any evidence to show that a judgment of Appellate Tribunal or Court was referred, it cannot be accepted to be an “omission” by Tribunal. Further no Court or Tribunal is bound to refer all or any judgment cited by anyone or other party, whether relevant or irrelevant. For the reasons aforesaid and as the Tribunal has no general power to review its own order or judgment, we uphold the impugned orders dated 24th April, 2017 passed by Tribunal. Appeal from orders of Tribunal - Held that:- As per sub-section (3) of Section 421, every appeal is required to be filed under sub-section (1) within 45 days from the date on which the copy of the order of the Tribunal is made available to the person aggrieved. As the Appellate Tribunal is empowered to entertain an appeal after expiry of the said period of 45 days from the date of receipt of the order but such power can be exercised only within a further period not exceeding 45 days that is total 90 days. If order(s) dated 26th September, 2016 were communicated the appellant(s) in October, 2016 [actual date not supplied by the appellant(s)], even then, we find that now more than 9˝ months have passed and thereby the Appellate Tribunal has no power to condone the delay. For the said results, we express our inability to interfere with the impugned orders both dated 26th September, 2016 and reject such prayer.
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