Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2020 (5) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (5) TMI 719 - NATIONAL COMPANY LAW TRIBUNAL HYDERABADSeeking to stay all further proceedings pursuant to ex-parte order - territorial Jurisdiction - HELD THAT:- The fact of change in the Registered Office of the Corporate Debtor from the State of Telangana to the State of Andhra Pradesh was not brought to the notice of this Adjudicating Authority at any point of time during the proceedings. If any information regarding change of address was submitted by way of counter affidavit, this Adjudicating Authority would have definitely considered the same before passing any orders. The real question to be answered here is that once the order of admission of the CP(IB) No. 374/7/HDB/2019 was passed by this Adjudicating Authority, which is an appealable order under the provisions of the Code, whether this Adjudicating Authority has powers to recall and set aside the same? - It is opined that this Adjudicating Authority has no such powers under the provisions of the Code. Since the Order of Admission of the CP is an appealable order, the powers of Appellate Authority cannot be circumvented by recalling our own order. Application disposed off as not maintainable.
|