9911796707
TMI Blog2019 (7) TMI 2016X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 9 to its original file, there are no illegality in the impugned order. In so far hearing of the Appellant Amrit Feeds Limited (Corporate Debtor) is concerned, the petition having restored, the Appellant Amrit Feeds Limited (Corporate Debtor) will be given notice by the Adjudicating Authority before passing any order in the application u/s 9 preferred by S.S. Enterprises(Operational Creditor). There are no reason to interfere with the impugned order. The appeal is accordingly dismissed. - HON'BLE JUDGES S.J. MUKHOPADHAYA, J. (CHAIRPERSON), A.I.S. CHEEMA, J. (MEMBER (J)) AND KANTHI NARAHARI, MEMBER (T) For the Appellant : Diwakar Maheshwari, Vivek Jhunjhunwala and Partiksha Mishra, Advocates For the Respondent : None ORDER 1. The A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39; ('Corporate Debtor') pursuant to order passed in CP (IB) No. 333/KB/2018 was challenged by promoter of 'Amrit Feeds Limited' ('Corporate Debtor') before this Appellate Tribunal in Company Appeal (AT)(Insolvency) No. 102/2019. In the said case, the parties settled the matter and this Appellate Tribunal by order dated 11th February, 2019, set aside the order of initiation of 'Corporate Insolvency Resolution Process' against 'Amrit Feeds Limited' ('Corporate Debtor'). 6. In the said Company Appeal (AT)(Insolvency) No. 102/2019, it was not brought to the notice of this Appellate Tribunal that the Adjudicating Authority by order dated 25th January, 2019 had not entertained the application u/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ational Company Law Tribunal) ('NCLT'), Kolkata Bench has no jurisdiction to recall its earlier order having no power of review or to recall. 9. Further according to him, the Respondent should have issued a fresh Demand Notice u/s. 8(1) and only thereafter should have preferred a fresh application u/s. 9 of the Insolvency Bankruptcy Code, 2016 ('I B' Code). 10. It is further submitted that before Restoration of the application and passing of order in MA No. 302/KB/19 the 'Corporate Debtor', should have been noticed and heard. 11. However, such submissions cannot be accepted for the following reasons:- (i) The 'S.S. Enterprises' having already issued Demand notice u/s. 8(1) and thereafter as the 'Corporate ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
