TaxTMI 
TaxTMI 
2022 (3) TMI 823
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....iled under Section 420(2) of the Companies Act, 2013 read with Rule 154 of NCLT Rules, 2016 by Peter K. Joseph in the matter of M/s. Goodness Media Private Limited seeking the following relief: - Review and modify the Order dated 21.12.2021 in TCP/26/KOB/2019. The brief facts of the case are as under: - 2. The Review Applicant states that this Tribunal vide order dated 21.12.2021 dismissed the TCP/26/KOB/2019 noting certain observations contrary to the facts and documents on record. It is stated that the 1st Respondent Company is a media company promoted by the Petitioner along with the 3rd Respondent (investor) that owns and operates the cable TV Channel 'Goodness TV which broadcasts television programmes supplied by production hous....
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.... the priests of the Vincentian Congregation are under a view of obedience and vow of poverty as reflected in the constitution and byelaws of the Vincentian Congregation. Furthermore, Fr. Joseph Erambil and Fr. Francis Naduviledath assert that the shares of the 1st Respondent held cannot be disposed without consent of the Vincentian Congregation and the non-disclosure on their behalf was solely motivated by the 2nd Respondent. The Petitioner further craves leave of this Tribunal to call for records in TCP/26/KOB/2019. 4. On 25.01.2022 when the matter was taken up for hearing the learned counsel for the Petitioner sought an adjournment to submit an order from the Hon'ble High Court of Kerala, and the matter was adjourned. Thereafter the lear....
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....ication of any party by way of rectification. (2) An application under sub-Rule (1) may be made in Form No. NCLT 9 within two years from the date of the final order for rectification of the final order not being an interlocutory order Section 420:- Orders of Tribunal 420. (1) The Tribunal may, after giving the parties to any proceeding before it, a reasonable opportunity of being heard, pass such orders thereon as it thinks fit. (2) The Tribunal may, at any time within two years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties: Provided that no such amendment shall be mad....
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.... brought to its notice by the parties. Rule 154 of the NCLT Rules, 2016 provides that: (1) Any clerical or arithmetical mistakes in any order of the Tribunal or error therein arising from any accidental slip or omission may, at any time, be corrected by the Tribunal on its own motion or on Application of any party by way of rectification. According, (sic) the NCLT does not have power to modify its own order but can only correct mistake apparent from the record. The Hon'ble Supreme Court has held in "Assistant Commissioner, Income Tax, Rajkot Vs. Saurashtra Kutch Stock Exchange Limited" (Civil Appeal No. 1171 of 2004 dated 15.09.2008) that a patent, manifest and self-evident error which does not require elaborate discussion of evid....
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.... re-appraisal of materials is impermissible as per decision in Jiura Oraon V. The State of Jharkhand, 2014 (3)JCR 100 (Jhar). 26. Resting upon 'Review' the ''Tribunal'' would not rehear the parties on 'Facts' and 'Law. No wonder, a re-appraisal of evidence on record for unearthing an error will amount to an exercise of 'Appellate Jurisdiction" which is not permitted in Law. A ''Review'' is not to be sought for a 'Fresh Hearing' or 'Arguments' or 'Correction of an erroneous view' taken earlier. To put it precisely, the contentions raised and determined in main proceedings are not to be reopened/re-agitated under the garb of ''Review Petition'' as per decision Sharada Bai V. Padamlal, 2003 All India High Court Cases 1756 (1757) (Andhra Prad....