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JC - Legal Updates - No provisions in IBC conferring power of review on the NCLAT

Legal Updates

05 Aug 2021

No provisions in IBC conferring power of review on the NCLAT

An application seeking clarification of judgment filed under Rule 31 read with Rule 11 of the NCLAT Rules, 2016 under the pretence of review/rehear is not maintainable. It is because Rule 31 of the NCLAT Rules, 2016 is not applicable when the judgment has already been delivered and the matter has been disposed off.

This has been ruled by the NCLAT, New Delhi Bench vide its decision dated 28th July 2021 in the matter of Vistra ITCL (India) Ltd. vs. Deccan Value Investors & Ors.

Furthermore, the NCLAT has placed extensive reliance on the Supreme Court’s judgment in Delhi Administration vs. Gurdip Singh Uban & Ors. to hold that the instant clarification application filed is just not for clarification/modification/recall of the judgment but for review of the judgment resulting in reopening/rehearing the issue and such practice may not be done for want of provisions to review in the I&B Code, 2016.


For any further information, please contact Mr. Shubhabrata Chakraborti (shubhabrata.chakraborti@jclex.com) or Mr. Dhruv Malik (dhruv.malik@jclex.com).