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2022 (11) TMI 162 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIPower to Review/recall of the order - Appellant submits that Adjudicating Authority has power to recall the Order since Prayer ‘d’ of I.A. No. 2407 of 2022 was not considered on merits - HELD THAT:- The Application I.A. No. 2407 of 2022 was heard on merits and after hearing the parties, the Application was rejected. Mere use of the word “Recall” in the Application I.A. No. 4004 of 2022 shall not change the nature of the relief which was asked for by the Appellant. Applicant wanted to review of the Order to allow the Application which was rejected earlier by the Adjudicating Authority on 27th May, 2022. Present is not a case where earlier order was passed by the Adjudicating Authority which suffers from lack of jurisdiction or any fraud was committed by the Court. Learned Counsel for the Appellant lastly submits that the Adjudicating Authority has power to rectify and in this regard refers to Section 420 of the Companies Act. Present is not a case for rectification of any error. The provisions of Companies Act are not applicable. Thus, no error has been committed by the Adjudicating Authority in rejecting the application - appeal dismissed.
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