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2019 (7) TMI 1630 - AT - Insolvency and BankruptcyMaintainability of petition - Review/recall of order - only plea taken by the Appellant is that the Corporate Debtor had not received the notice as there was a dispute between the landlord of premises with the Corporate Debtor - HELD THAT:- We asked learned counsel for the Appellant to address this Appellate Tribunal as to what stand the Corporate Debtor could have taken before the Adjudicating Authority prior to admission of the application under Section 7 of the I&B Code. However, pursuant to the said question it is accepted that there is debt and default and the Corporate Debtor is not in a position to settle the claim. In that view of the matter, any opportunity to the Corporate Debtor will be a futile exercise and we are not inclined to interfere with the impugned order dated 7th June, 2019. This is not a fit case to impose costs on the Corporate Debtor having taken over by the Interim Resolution Professional. The part of the impugned order dated 7th June, 2019 imposing cost of ₹ 25,000/- is set aside. The rest part of the impugned order is affirmed - appeal disposed off.
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