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TMI Blog2018 (8) TMI 2126X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant was wrongly kept out of the Committee of Creditors or not - HELD THAT:- It is settled that no application for recall of any order of admission of application under Section 7 can be entertained by the Adjudicating Authority, it having no such jurisdiction. Even the party who has filed application cannot withdraw such application after the admission in view of regulation 8 of The Insolv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocates. For the Respondents: Mr. Arijit Mazumdar and Mr. Akshay Chahdha, Advocates ORDER This appeal has been preferred by M/s Stressed Assets Stabilization Fund , against impugned order dated 26th June, 2018 passed by the Adjudicating Authority (National Company Law Tribunal) Kolkata bench, Kolkata in C.A. 209 of 2018 in C.P.(IB) No.441/KB/2017. By the said order the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) To recall/vacate order dated 20.09.2017 whereby CIRP of Corporate Debtor is admitted. ii) Pass interim order to stay CIRP, iii) Direct RP to allow the Applicant to attend meeting of CoC, iv) To pass order of liquidation of Corporate Debtor, and v) Initiate action against RP and Corporate Debtor for procuring order dated 20.09.2017 suppressing material facts. 4. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raw such application after the admission in view of regulation 8 of The Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 . The Appellant was not allowed to be a member of Committee of Credits but in spite of that the Appellant did not choose to challenge order date 20th September, 2017 before this Appellate Tribunal under Section 61, which is the only forum to challen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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