Adjudicating Authority has no jurisdiction to review its order after deciding a substantial issue but it has the jurisdiction to recall the order of the kind in dispute i.e. where the right to Reply was closed by an order on the ground that the opportunities granted were not availed – Printland Digital (India) Pvt. Ltd. Vs. Nirmal Trading Company – NCLAT New Delhi

The issue involved in this case is as to whether the Adjudicating Authority has the power to recall its order of closing of right to file the Reply? NCLAT held that there is a difference between recalling of an order and review on merits of the issue decided by the Adjudicating Authority. No doubt that the Adjudicating Authority has no jurisdiction to review its order after deciding a substantial issue but it has the jurisdiction to recall the order of the kind in dispute i.e. where the right to Reply was closed by an order on the ground that the opportunities granted were not availed. In this regard, NCLAT relied upon a decision in Grand Arch Resident Welfare Association Vs. Ireo Pvt. Ltd. (2022) ibclaw.in 226 NCLAT in which it has been held that if there is an adjudication by the Adjudicating Authority on merits of the issues then it would not have the jurisdiction to review its order but insofar as the dispute with regard to right to file the Reply which is closed by an order, it certainly has the jurisdiction to recall it in terms of the Rule 11 of NCLT Rules, 2016.

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