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2020 (6) TMI 556 - AT - Insolvency and BankruptcyInstitution of suit or other legal proceedings on behalf of the 'Corporate Debtor' under Liquidation - jurisdiction of NCLT ordering Liquidation - HELD THAT:- From clause (d) of section 11, it is clear that a 'Corporate Debtor' in respect of whom a liquidation order has been made is not entitled to make application to initiate 'Corporate Insolvency Resolution Process' under Chapter II. That means, it cannot file any application under section 7 or 9 of the I&B Code. Therefore, no application under Chapter II can be filed by the 'Corporate Debtor', which is under Liquidation of which the Appellant is Liquidator. In so far as, sub-section (5) of section 33 is concerned, it is subject to section 52. Section 52 relates to right of secured creditor in liquidation proceedings. If the Adjudicating Authority has refused to grant permission to file application under section 9 of the I&B Code, we are not inclined to interfere with the impugned order dated 30th May, 2019 - Appeal dismissed.
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