NCLAT dismisses recall application under Rule 11 of NCLAT Rules 2016 for attempting re-argument without review powers

The NCLAT Principal Bench dismissed an application seeking recall of order under Rule 11 of NCLAT Rules 2016. The Tribunal held that the applicant was attempting to re-argue the matter under the guise of recall application, which is impermissible. The NCLAT clarified that it does not possess review powers as such authority is not provided under the Code, resulting in dismissal of the application.

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The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, in an order dated 29.03.2023, dismissed the application filed under Rule 11 of the NCLAT Rules, 2016 seeking recall of the said order. The Tribunal held that "the power of review does not vest with this Tribunal as it is not provided in the Code," and therefore, the application was an impermissible attempt to re-argue the matter. Consequently, the application was dismissed.

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