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2019 (3) TMI 1939 - Tri - Insolvency and BankruptcySeeking recall of order - the principles laid down by Hon'ble the Supreme Court in the case of Forech India Ltd. v. Edelweiss Assets Reconstruction Company Ltd. [2019 (1) TMI 1442 - SUPREME COURT] were not placed - HELD THAT:- Mere appointment of Provisional Liquidator would not denude the NCLT of its jurisdiction under the provisions of Insolvency & Bankruptcy Code which are considered to be an independent proceeding. Therefore, in view of the aforesaid legal position no doubt is left that the petition could not have been disposed of on the ground of that Hon'ble High Court where has appointed the Provisional Liquidator in a winding up petition. The order is recalled. As a necessary consequence the CP. No. (IB)-104(PB)/2018 is restored. The petition stands already admitted on 30.05.2018 and Mr. Alok Kumar Kuchhal has been appointed as the Resolution Professional. Resolution Professional shall proceed from the stage the proceedings were left. Application disposed off.
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