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TMI Blog2019 (6) TMI 1568X X X X Extracts X X X X X X X X Extracts X X X X ..... nal (RP),stating that though the Promoter-Directors failed to raise the point of limitation at the time of admission of this Company Petition on 01.11.2018 against the Corporate Debtor, since the Honorable Supreme Court of India in Civil Appeal Nos. 4632-4635/2019 filed by a shareholder of the Corporate Debtor against the order of Appeal decided by Honorable NCLAT holding that the point of limitation is kept open in case further proceedings are taken while dismissing the Appeal holding that it does not find any reason to interfere with the impugned orders passed by the NCLAT and the appeals are dismissed since the appellant is a shareholder of the corporate debtor, now the promoter directors, by curing the procedural defect noticed by the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring Appeal. When first appeal was dismissed on merits, these shareholders of the Corporate Debtor for the first time filed Review of the Appeal before Hon'ble NCLAT on the ground that occurrence of default was declared by R1 long before three years from the date of filing the Company Petition, but that Review was also dismissed by the Hon'ble NCLAT. Now when the said Appellant/Shareholders of the Corporate Debtor filed Civil Appeals Nos.4632-4635 of 2019 before the Hon'ble Supreme Court of India, the Hon'ble Supreme Court of India dismissed the above appeals with the order dated 10.05.2019 as follows: "Heard the learned Senior Counsel appearing for the appellant We do not find any reason to interfere with the impugned ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was dismissed. When Second Appeal was filed before Honorable Supreme Court, it was also dismissed holding the order of the Honorable NCLAT is not warranted interference leaving it open to raise the point of limitation in subsequent proceedings if any is taken out. 8. When the Company Petition is admitted either u/s 7 or 9 or 10 of the Code, this Bench will become functus-officio in respect to the admission of the Company Petition because this Bench cannot rotate the clock back as to the admission is concerned. Besides this, when specific remedy is available to take all these points before the Appellate Authority and no review power being conferred upon this Adjudicating Authority, it is not open to this Bench to review its own order under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Corporate Debtor or corporate person or any other person in respect to the issues that have come up during the CIRP or during liquidation but not to assail the admission order already passed. 13. As to review jurisdiction is concerned, it is a statutory right that is given to the Court, therefore, Court especially the Adjudicating Authority cannot assume or appropriate jurisdiction which has not been explicitly provided under the Code. For review jurisdiction not being given, section 60 (5) of the Code cannot be read as the provision providing review jurisdiction to this Bench. Therefore, we are of the view that this application is bereft of any jurisdiction. 14. In the order passed by the Hon'ble Supreme Court of India, it is eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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