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2019 (3) TMI 2017 - AT - Insolvency and BankruptcySeeking permission to withdraw the special leave petition - whether the amendment made by the Central Government vide Notification dated 25th November, 2018 substituting Section 4(b) of the SICA Repeal Act, 2003 was within jurisdiction or not? - HELD THAT:- Learned counsel for the parties submit that the appellant cannot move before the Hon’ble High Court of Delhi in view of the decision of in RABINDRA KUMAR WALIA VERSUS UNION OF INDIA & ORS. [2019 (2) TMI 2063 - SC ORDER]. However, from the order dated 4th February, 2019, it is found that the learned counsel for the petitioner sought permission to withdraw the special leave petition. So the SLP was dismissed as withdrawn in the aforesaid background, the order passed being not binding on any of the party, following the decision in M/s. Spartek Ceramics India Ltd. [2018 (6) TMI 350 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] we are of the view that the Writ Petition preferred by the appellant stands revived before the Hon’ble High Court of Delhi and in terms of the liberty given by the Hon’ble Supreme Court in the case of M/s. Spartek Ceramics India Ltd. [2018 (10) TMI 1660 - SUPREME COURT], the appellant may also seek to amend the Writ Petition within four weeks. Appeal disposed off.
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