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2018 (8) TMI 2126 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHISeeking vacation/recall of admitting CIRP application - Appellant was wrongly kept out of the Committee of Creditors or not - HELD THAT:- It is settled that no application for recall of any order of admission of application under Section 7 can be entertained by the Adjudicating Authority, it having no such jurisdiction. Even the party who has filed application cannot withdraw such application after the admission in view of regulation 8 of ‘The Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016’. The Appellant, who is a ‘Financial Creditor’, also cannot claim to be an aggrieved person, if an application under Section 7 is admitted pursuant to application filed by other Financial Creditor. Appellant being a related party to the Corporate Debtor was not made the member of the Committee of Creditors, which order was also not challenged. The I. A. having filed by the Appellant with a motive to delay the process and being frivolous it was fit case for Adjudicating Authority to impose cost upon him while passing the order - appeal dismissed with costs.
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