9911796707
TMI Blog2022 (4) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the Operational Creditor was closed on 20th December, 2021 on the ground that CIRP of the Corporate Debtor has already been initiated in CP(IB) No. 813/2020. After the aforesaid Order dated 20th December, 2021, the Operational Creditor filed the I.A. No. 6010 of 2021 for modification of the Order but till the time modification came to be considered by the Adjudicating Authority, Adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ER ( Virtual Mode ) Heard Mr. Aadil Khan, Advocate for the Appellant and Mr. Kinshul. Chatterjee, Advocate for the Respondent. 2. This Appeal has been filed against the Order dated 03.03.2022 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Court-VI) in I.A. No/ 6010 OF 2021. By which Order, the Adjudicating Authority has revived the Application CP(IB) No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Creditor praying for modification of the Order dated 20th December, 2021 being I.A. No. 6010 of 2021 wherein following prayers were made by the Operational Creditor: a. Allow the present Application; b. Pass necessary order modifying the Order dated 20.12.2021 in C.P.(IB) No. 315/2021 to the extent that liberty is granted to the Applicant/Operational Creditor to revive the petition beari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to the Operational Creditor to revive the Petition in the event any Settlement is reached between the parties in CP (IB) No. 813/2020. It is submitted that there was no occasion for reviving the CP(IB) No. 315/2021 where only modification was called for. 5. Learned Counsel for the Respondent submits that when the Order was passed on 03.03.2022, CP(IB) No. 813/2020 was already closed due to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that CIRP in CP(IB) No. 813/2020 has already been closed hence there was no impediment in reviving the Application. It is true that I.A. 6010/2021 only praying for liberty to revive but on account of actual happening of settlement in CP(IB) No. 813/2020, no error has been committed by the Adjudicating Authority in reviving the CP(IB) No. 315/ND/2021. We do not find any error in the Impugned Or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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