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2017 (11) TMI 1887 - AT - Insolvency and BankruptcyPower to recall an order - validity of initiation of CIRP - HELD THAT:- Admittedly, the Appellant is an Investor therefore, the Appellant cannot claim to be an ‘aggrieved person’ for preferring appeal against the order dated 2nd May, 2017 passed by Adjudicating Authority whereby the application under Section 9 of the ‘I&B Code’ was admitted. In fact, the Appellant being an investor is entitled to file its claim before the ‘Insolvency Resolution Professional - Further, as the order dated 2nd May, 2017 is not under challenge in this appeal this Appellate Tribunal cannot express any opinion with regard to the order of admission dated 2nd May, 2017. If the said order dated 2nd May, 2017 is allowed to be challenged, the appeal will be barred by limitation under sub-section (2) of Section 61 of the ‘I&B Code’. In absence of any power of review or recall vested with the Adjudicating Authority, the Adjudicating Authority rightly refused to recall the order of admission dated 2nd May, 2017 - Appeal dismissed.
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