SC: Daughter Doesn't Lose Ties With Natal Family After Marriage, Such Stereotype is Unconstitutional  ||  SC: Limitation For Filing S.34 Appeal Starts From Disposal of S.33 Application, Allowed or Rejected  ||  SC: In Cases of Drug Trade Threats to the Nation, Sovereignty Prevails over Personal Liberty  ||  Delhi HC: Plaintiff Can Obtain a Refund of Court Fees After an IBC Resolution Plan “Settlement”  ||  Ker HC: Default Bail is Available if Final Report is E-Filed After 5 Pm on Last Statutory Day  ||  J&K&L HC: NDPS Act Provisions Extending Investigation Time Apply to Narco-Terror Cases under UAPA  ||  Supreme Court: Courts Have Sometimes Failed Arbitration, With Interference Curing No Disease  ||  Supreme Court: Co-Heir Cannot Sell Other Heirs' Shares as Karta After Intestate Succession  ||  SC: Casual Labourers With Temporary Status are Eligible For Pension Even Without Regularisation  ||  Supreme Court: High Courts Must Record the Nature of Crime and Allegations While Quashing FIRs    

Balaji Enterprise vs. Gammon India Limited And Ors. - (NATIONAL COMPANY LAW APPELLATE TRIBUNAL) (21 Feb 2023)

In the absence of a provision of review in the IBC, inherent powers provided under Rule 11 of the NCLAT Rules cannot be invoked for the purpose of filing a Review Application

MANU/NL/0133/2023

Insolvency

The Appellant/Applicant filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Respondent for initiation of the Corporate Insolvency Resolution Process ('CIRP') before the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Mumbai). The Applicant/Appellant has filed present Review Application, invoking Rule 11 of the NCLAT, Rules, 2016 read with Section 420(2) of the Companies Act, 2013.

Section 420(2) of Act pertains to the power of the Tribunal for rectification of the mistakes that too if the order passed by the Tribunal is not further appealed. Therefore, this provision is not applicable to the present case and does not create a right of review in any manner. In the absence of a provision of review in the Code, which is complete in itself, inherent powers provided under Rule 11 of the Rules cannot be invoked for the purpose of filing a Review Application.

In the case of Grindlays Bank Ltd. Vs. Central Government Industrial Tribunal & Ors., it has been held by the Supreme Court that the power of review is not an inherent power, it must be conferred either specifically or by necessary implication. Thus, the Review Application is not maintainable from any angle, it may be seen and is in fact an abuse of the process of law, therefore, the Applicant deserves to be saddled with cost of this litigation. Therefore, the Review Application is dismissed.

Tags : APPLICATION   REVIEW   MAINTAINABILITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved