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2022 (5) TMI 1446 - Tri - Insolvency and BankruptcySeeking recalling of order passed by this Adjudicating Authority for initiation of Corporate Insolvency Resolution Process - Where the rights of a party have been considered and declared, then the said proceedings cannot be reopened on the ground that a contrary view has been taken subsequently by the Hon’ble Supreme Court in different proceeding and between different parties? HELD THAT:- The law laid down by the Hon’ble Supreme Court of India in subsequent judgment in Anuj Jain case on 26 February, 2020 [2020 (2) TMI 1259 - SUPREME COURT], taking a different view as to Pledge of debentures is not a operational debt has, has apply in those cases where the proceedings initiated under IBC 2016 have not attained finality. Where proceedings have attained finality like decree has become final in a civil court, a different view in Interpretation Nature of Debt, subsequently by Hon’ble Supreme Court will apply only to proceedings that may be initiated subsequent to this judgment and pending proceedings which have not attained the finality. Petition dismissed.
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