The Court upheld a five-member coram ruling of the NCLAT Delhi passed in January 2022. That verdict was authored by NCLAT Chairperson Justice Ashok Bhushan, Judicial Members Justices Rakesh Kumar Jain and Rakesh Kumar, and Technical Members Alok Srivastava and Barun Mitra.
The appellate tribunal held that in exercise of its inherent jurisdiction, it can entertain and allow applications for recall of its judgments, based on sufficient grounds.
“Power of recall of a judgment can be exercised by this Tribunal when any procedural error is committed in delivering the earlier judgment; for example; necessary party has not been served or necessary party was not before the Tribunal when judgment was delivered adverse to a party. There may be other grounds for recall of a judgment. Well known ground on which a judgment can always be recalled by a Court is ground of fraud played on the Court in obtaining judgment from the Court,” the NCLAT had explained.
In deciding so, the appellate tribunal set aside two of its earlier rulings that had held to the contrary.
Source: Barandbench
