NCLAT is Not Vested With Any Power to Review Judgment But May Entertain Application for Recall of Judgment on Sufficient Grounds

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Jul 28, 2023

NCLAT is Not Vested With Any Power to Review Judgment But May Entertain Application for Recall of Judgment on Sufficient Grounds

A five-judge bench of the NCLAT upon reference in Union Bank of India v. Dinkar T. Venkatasubramanian & Ors.^[1], has held that while NCLAT is not vested with any power to review a judgment, however, in exercise of its inherent jurisdiction, it can entertain an application for recall of a judgment on sufficient grounds. The grounds for seeking a recall of judgment inter alia include procedural errors in rendering the judgment such as non-joinder of a necessary party or not served, fraud played on Court in obtaining judgment.

[1] Union Bank of India v. Dinkar T. Venkatasubramanian & Ors., Reference in I.A. No. 3961 of 2022 in Company Appeal (AT) (Ins.) No. 729 of 2020.

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