Rectification power is limited to patent errors; recall is unavailable, but connected appeals may be reheard by the regular Bench.

Rectification under Section 129B(2) is confined to patent mistakes apparent from the record and cannot be used to recall a validly made order, reappreciate facts, or substitute a different view on merits, because the Tribunal has no inherent power of review. On that basis, recall of the earlier Mohit Thakor order was refused. The connected appeals of Dinkar Khindria and Dinesh Khindria were, however, directed to be heard afresh by the regular Bench on proper notice, as their merits had not been fully considered in the earlier proceeding and required adjudication after hearing both sides.

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Issues: (i) Whether the Tribunal could recall its earlier order in the Mohit Thakor matter on the ground of an apparent mistake or alleged error in proceeding separately with that appeal. (ii) Whether the appeals of Dinkar Khindria and Dinesh Khindria should be heard afresh by the regular Bench on proper notice.

Issue (i): Whether the Tribunal could recall its earlier order in the Mohit Thakor matter on the ground of an apparent mistake or alleged error in proceeding separately with that appeal.

Analysis: The power under Section 129B(2) is confined to rectifying mistakes apparent from the record. Such power is limited to patent and obvious mistakes and does not extend to reappreciation of facts, correction of debatable issues, or substitution of a different view on merits. A validly made order cannot be recalled under the guise of rectification, and the Tribunal has no inherent power of review. The order in the Mohit Thakor matter was not shown to suffer from any mistake of the kind that could be corrected under the rectification provision.

Conclusion: The Tribunal had no power to recall the earlier order in the Mohit Thakor matter.

Issue (ii): Whether the appeals of Dinkar Khindria and Dinesh Khindria should be heard afresh by the regular Bench on proper notice.

Analysis: Since the merits of the connected appeals had not been fully considered by the original members in the present proceeding, and in the interest of justice the matter required hearing by the regular Bench after notice to both sides, the appropriate course was to place the appeals before the regular Bench for adjudication on the evidence in those cases.

Conclusion: The appeals were directed to be heard afresh by the regular Bench.

Final Conclusion: The reference was disposed of by refusing recall of the earlier order, while directing fresh hearing of the connected appeals before the regular Bench.

Ratio Decidendi: Rectification under the statutory mistake-correction power is limited to patent errors apparent on the record and cannot be used as a substitute for review or recall of a validly made order.

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