https://www.taxtmi.com/caselaws?id=440035 The Appellate Tribunal noted that the insolvency statute does not confer a statutory power of review, but Rule 11 of the NCLAT Rules preserves limited inherent powers to make orders necessary to meet the ends of justice or prevent abuse of process. It distinguished recall from review by stating that recall may be invoked only for procedural defects affecting hearing rights, such as non-service, non-joinder of a necessary party, fraud, collusion, or a patent mistake, while review entails reconsideration on merits. Because earlier coordinate bench views created uncertainty on the scope of recall jurisdiction, the Tribunal referred the maintainability issue and the conflicting rulings to the Chairperson for constitution of a larger bench. en-us Thu, 09 Feb 2023 00:00:00 +0530 Fri, 07 Jul 2023 13:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=440035 The Appellate Tribunal noted that the insolvency statute does not confer a statutory power of review, but Rule 11 of the NCLAT Rules preserves limited inherent powers to make orders necessary to meet the ends of justice or prevent abuse of process. It distinguished recall from review by stating that recall may be invoked only for procedural defects affecting hearing rights, such as non-service, non-joinder of a necessary party, fraud, collusion, or a patent mistake, while review entails reconsideration on merits. Because earlier coordinate bench views created uncertainty on the scope of recall jurisdiction, the Tribunal referred the maintainability issue and the conflicting rulings to the Chairperson for constitution of a larger bench. Case-Laws Insolvency and Bankruptcy Thu, 09 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=440035