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2018 (6) TMI 24 - Tri - Companies LawTribunal's power to review its order - mistake apparent from the record - Held that:- Tribunal in the order dated 29.05.2017 held that the question of limitation in this case is mixed question of fact and law. Delay aspect has to be considered at the final hearing, the authority of Ashok Kumar Khosla to file this petition is upheld subject to the challenge pending in other courts. This Tribunal also held that the controversy regarding convening of EOGM has to be decided only at the time of final hearing. A reading of the entire order of this Tribunal dated 29.05.2017 only indicate that this Tribunal was not inclined to dismiss the petition without there being a final hearing considering the facts and circumstances of the case. It is pertinent to mention here that original petition was filed before the Company Law Board in the year 2016. After the constitution of this Tribunal Applications challenging maintainability were filed by more than one respondent with a prayer to dismiss the main petition on the ground of limitation, alleging delay/latches, no cause of action etc. These applications filed by original respondents 1 and 2 cannot be considered under Section 420(2) of the Companies Act, 2013 or under Rule 11 of NCLT Rules since there is no mistake apparent from the record in the order dated 29.05.2017.
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