*1* nma.1715.10 kps I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1715 OF 2010 IN APPEAL NO.80 OF 2010 IN NOTICE OF MOTION NO.46 OF 2009 IN INSOLVENCY PETITION NO.46 OF 2002 B.D.Agarwal and another. ..Appellant -Versus- Ghisalal C. Shah and another. ..Respondents .... S.A.Tawate, for the Appellant. Kiran Jain with Tushar Garodia, for the original Respondent No.1 (Official Assignee) .... CORAM : MOHIT S. SHAH, CJ & S.C.DHARMADHIKARI, J. Date : 01st October, 2010. P.C. 1 This is a Notice of Motion by the original Appellant/ Applicant seeking to set aside the judgment and order dated 22.02.2010 in the subject appeal. 2 This is not a review petition. The order passed on 22.02.2010 has not been challenged in appeal also. 3 The basis of this application is that this Court should exercise its Inherent powers under Section 151 of the Code of Civil Procedure, 1908 to correct and rectify the errors. The submission is that the order is vitiated by irregularity and not by illegality, therefore, this Court has *2* nma.1715.10 inherent jurisdiction to recall the order and to rehear the appeal. 4 It is not possible to accept this contention of the Applicant. The Applicant’s Advocate invited our attention to the affidavit in support of the Notice of Motion and urged that there are irregularities committed by this Court while deciding the appeal. He has invited our attention to the fact that there was fraud perpetuated and this Court has not noticed it and this Court has erroneously accepted the argument that the Applicant was stalling the recovery proceedings. Though there were several decisions cited in support of the appeal but the same were not discussed in the judgment. 5 We are afraid as these are not irregularities and if there are errors in the judgment and the Appellant is aggrieved by them, such errors can be challenged only by resorting to the remedy of appeal. These are not errors apparent nor is there any irregularity committed as the Applicant was extensively heard. If the Applicant is still aggrieved, his remedy lies elsewhere. The Notice of Motion is not maintainable and is, accordingly, dismissed. CHIEF JUSTICE S.C.DHARMADHIKARI, J.