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of <h1>Tribunal clarifies power to recall judgments for justice.</h1> <h3>Union Bank of India (Erstwhile Corporation Bank) Versus Dinkar T. Venkatasubramanian & Ors.</h3> Union Bank of India (Erstwhile Corporation Bank) Versus Dinkar T. Venkatasubramanian & Ors. - TMI Issues Involved:1. Whether this Tribunal can entertain an application for recall of judgment on sufficient grounds despite not being vested with any power to review the judgment.2. Whether the judgments in 'Agarwal Coal Corporation Private Limited Vs Sun Paper Mill Limited & Anr.' and 'Rajendra Mulchand Varma & Ors Vs K.L.J Resources Ltd & Anr.' imply that there is no power vested in this Tribunal to recall a judgment.3. Whether the judgments in the above cases lay down the correct law regarding the Tribunal's power to recall its judgment.Summary:Issue I: Power to Recall JudgmentThe Tribunal examined whether it could entertain an application for recall of a judgment despite not having the power to review. It was argued that inherent power, as preserved by Rule 11 of the NCLAT Rules, 2016, allows the Tribunal to recall judgments to correct procedural errors, such as delivering a judgment without necessary parties being present. The Tribunal concluded that while it does not have the power to review its judgments, it does have inherent power to recall judgments on sufficient grounds to meet the ends of justice or prevent abuse of process.Issue II: Interpretation of Previous JudgmentsThe Tribunal considered whether the judgments in 'Agarwal Coal Corporation Private Limited Vs Sun Paper Mill Limited & Anr.' and 'Rajendra Mulchand Varma & Ors Vs K.L.J Resources Ltd & Anr.' could be interpreted to mean that the Tribunal has no power to recall a judgment. It was noted that these judgments were interpreted to imply that neither a review nor a recall application is maintainable. However, the Tribunal clarified that these judgments do not correctly reflect the law regarding the Tribunal's inherent power to recall judgments.Issue III: Correctness of Previous JudgmentsThe Tribunal addressed whether the previous judgments laid down the correct law. It was held that the judgments in 'Agarwal Coal Corporation Private Limited' and 'Rajendra Mulchand Varma & Ors' incorrectly stated that the Tribunal has no power to recall its judgments. The Tribunal emphasized that while it does not have the power to review, it does possess the inherent power to recall judgments to rectify procedural errors or instances of fraud.Conclusion:The Tribunal concluded that it can entertain applications for recall of judgments on sufficient grounds under its inherent jurisdiction, despite not having the power to review. The judgments in 'Agarwal Coal Corporation Private Limited' and 'Rajendra Mulchand Varma & Ors' were found to be incorrect in stating that the Tribunal has no power to recall its judgments. The matter was referred back to the appropriate bench for further consideration of the specific application in question.
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