Mistake apparent from record requires existing material on record; new factual charts cannot sustain rectification

Rectification of mistake was unavailable where the factual basis relied on was not part of the Tribunal record when the original order was made. The applicant sought to use a chart to show that water stored in a tank was used to maintain the temperature of cooling coils in an induction furnace, but the earlier proceedings did not establish that function and the chart filed in appeal did not indicate it either. Because the alleged error was not apparent from the record, the rectification application was held not maintainable and was dismissed.

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Issues: Whether the application for rectification of mistake was maintainable when the factual basis sought to be relied upon was not part of the record before the Tribunal at the time of the original order.

Analysis: The application sought to rely on a chart to show that the water stored in the tank was used for maintaining the temperature of cooling coils in an induction furnace. The earlier proceedings did not establish such use, and the chart filed before the Tribunal in the appeal also did not indicate any such function of the tank. Since the material now relied upon was not before the Tribunal when the impugned order was made, the alleged mistake was not one apparent from the record.

Conclusion: The rectification application was not maintainable and was dismissed.

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