Mistake apparent from the record limits review powers and bars reopening a concluded company law order.

Section 420(2) of the Companies Act, 2013 permits only correction of a mistake apparent from the record, not reopening of a concluded order on the basis of fresh material. In the context of a demerger scheme under Sections 230(1), 232 and the relevant amalgamation rules, the Tribunal declined to revisit its earlier direction on compliance with Sections 131 and 128(1). The supplementary affidavit was treated as an impermissible attempt to secure a substantive review rather than a correction of error, especially since no apparent mistake was shown and the earlier order itself was not under challenge. The challenge to rejection of the review request therefore failed.

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Issues: Whether the Tribunal could reopen its earlier order by treating the supplementary affidavit as a basis for review or amendment under Section 420(2) of the Companies Act, 2013, in the absence of any apparent mistake on the record.

Analysis: The appeal arose from the Tribunal's refusal to revisit its earlier direction requiring compliance with Section 131 read with Section 128(1) of the Companies Act, 2013 in the context of a scheme of demerger under Section 230(1) read with Section 232 and Rule 15 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. Section 420(2) permits amendment only to rectify a mistake apparent from the record. The order found that no such apparent error or mistake had been shown in the earlier decision. The attempt to introduce fresh material through a supplementary affidavit was treated as an impermissible attempt to review a concluded order, and the earlier order itself was not under challenge in the appeal.

Conclusion: The Tribunal had no jurisdiction to review the earlier order in the manner sought, and the refusal to entertain the review request was .

Final Conclusion: The challenge to the rejection of the review application failed, and the dismissal of the appeal was sustained.

Ratio Decidendi: Section 420(2) authorises only correction of a mistake apparent from the record and cannot be used as a device to secure a substantive review of a concluded order.

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