Distinction between Review Petition and Recall Petition | The NCLT & NCLAT have inherent powers to recall order but have no power to review its order – Aircastle (Ireland) Ltd. Vs. Mr. Ashish Chawchharia, RP of Jet Airways (India) Ltd. and Ors. – NCLAT New Delhi
Hon’ble NCLAT summarises points on review and recall petition.
(i) Resolution Professional should not be treated as functus officio.
(ii) The power to recall a judgment will not be exercised when the ground for reopening the proceedings or vacating the judgment was available to be pleaded in the original action but was not done or where a proper remedy in some other proceeding such as by way of appeal or revision was available but was not availed. The right to seek vacation of a judgment may be lost by waiver, estoppel or acquiescence.
(iii) However, the Rule cannot be invoked to revisit the findings and it is not open to re-examine the findings. The mistake/error must be apparent on the face of the record and must have occurred due to oversight, inadvertence or human error.
(iv) Once the issue has been corrected by NCLT through suitable corrections, the NCLT has recorded consequential correction in the Order. This is not in nature of review of its order but rather recall.