Tribunal’s power to recall vis-à-vis power to review: NCLAT, Principal Bench, Delhi 

PUBLISHED ON: 14-06-2023

The 5 (five) Judge Bench of the Hon’ble NCLAT in the matter of Union Bank of India vs Dinkar T. Venkatasubramanian held that the Hon’ble Tribunal was not vested with any power to review its judgment, however, the Hon’ble Tribunal in exercise of its inherent jurisdiction could entertain an application for recall of judgment on sufficient grounds.

The Hon’ble Tribunal relied upon several judgments of the Hon’ble Supreme Court and observed that the power of a tribunal to recall its judgment and to review its judgment was different.

The Hon’ble Tribunal further observed that the power of recall of a judgment could be exercised when any procedural error was committed in delivering the earlier judgment viz. necessary party was not served or necessary party was not before the tribunal etc.

In this case, the 5 (five) Judge Bench of Hon’ble NCLAT held that the earlier judgments of Hon’ble NCLAT in the matters of Agarwal Coal Corporation Private Limited vs Sun Paper Mill Limited and Anr. and Rajendra Mulchand Varma and Ors. vs K.L.J. Resources Ltd. and Anr. wherein it was inter alia observed that the Hon’ble Tribunal does not have the power to recall its judgment did not lay down the correct position in law.