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2019 (6) TMI 1568 - Tri - Insolvency and BankruptcyMaintainability of petition - time limitation - revocation of CIRP process in progress - whether an application is entertainable before this Bench after the petition has been admitted by this Bench and when CIRP is in progress? - HELD THAT:- On careful reading of Section 60(5) of the Code, it is no doubt true that jurisdiction has been conferred upon this Adjudicating Authority to entertain or dispose of an application against the corporate debtor or by the corporate debtor, but it does not mean that this jurisdiction conferment is to re-examine the admission order already passed by this Bench. It is a settled preposition of law unless review power is conferred upon any authority, no forum is competent enough to review final orders. Though it is an admission order in respect to initiation of CIRP, it is a final order. For this order being final, this Adjudicating Authority will not have any jurisdiction to re-open the order under the cover of Section 60(5) of the Code. This is a provision conferred upon jurisdiction upon the Adjudicating Authority to examine the applications that are filed either by the Corporate Debtor or corporate person or any other person in respect to the issues that have come up during the CIRP or during liquidation but not to assail the admission order already passed - As to review jurisdiction is concerned, it is a statutory right that is given to the Court, therefore, Court especially the Adjudicating Authority cannot assume or appropriate jurisdiction which has not been explicitly provided under the Code. For review jurisdiction not being given, section 60 (5) of the Code cannot be read as the provision providing review jurisdiction to this Bench. Therefore, we are of the view that this application is bereft of any jurisdiction. Application dismissed.
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