Write short notes on: Rectification of mistake by NCLT on Suo moto basis.

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2022
Write short notes on: Rectification of mistake by NCLT on Suo moto basis.

Answer & Explanation:

Sec 420(2) of the Companies Act, 2013 provides that NCLT may at any time within two years from the date of the order, with a view to rectifying any mistake apparent from the record: Amend any order passed by it, And shall make such amendment, if the mistake is brought to its notice by the parties Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act. The word 'may' suggest that the provision confers a discretionary power on NCLT in the matter of rectifying what it may find to be a mistake in its order. Further, Rule 11 of the NCLT Rules, 2016 read with Rules 154 and 155 thereof, clearly indicates that noting in the NCLT rules shall be deemed to limit or otherwise affect the inherent powers of the Tribunal to make such orders as may be necessary for meeting the ends of justice or to prevent abuse of the process of the Appellate Tribunal. Thus, the NCLT has power to rectify a mistake apparent from the record on its own motion or on an application by a party under the Act.

Topics: Company Law

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