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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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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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