NCLAT : In Peoples General Hospital Pvt. Ltd. vs. Alliance Industries Limited & Ors.

NCLT does not have the power to review its own order.

It is well settled that the power to review is not an inherent power. It must be conferred by law either specifically or by necessary implication. No provision in the Act was brought our notice from which it could be gathered that the Government had power to review its own order. If the government had no power to review its own order, it is obvious that its delegate could not have reviewed its order.

The Appellate Tribunal upheld the decision of Tribunal stating that “NCLT has rightly concluded that it could not review the Judgement dated 29th May, 2017 and the effort to say that there is error apparent on record to recall the whole Judgement dated 29th May, 2017 and rewrite the same after taking note of the Judgements and arguments Appellants wanted to rely on, was clearly not acceptable.

Link : https://nclat.nic.in/Useradmin/upload/5916044445b891bb835628.pdf