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2021 (5) TMI 115 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor claims relief from the rigors of the Code triggered on account of a stale and time barred debt - HELD THAT:- This application is filed only for review of the order passed by this Adjudicating Authority on 19.09.2019; review of the order passed by this Adjudicating Authority which is beyond the scope of the IBC. Furthermore, if this Applicant was aggrieved by the order passed by this Adjudicating Authority, the Applicant/erstwhile Board of Directors should have gone for an appeal against the same before the Hon'ble NCLAT. The Applicant/erstwhile Board of Director has filed an appeal against this order before the Hon'ble NCLAT and sought 10 days' time to settle the entire claim due and payable to the Financial Creditor. In spite of the time being sanctioned by the Hon'ble NCLAT, the Applicant/erstwhile Board of Directors has not settled the claim. Thereafter, the Applicant herein had also filed Civil Appeal No. 2621 of 2020 before the Hon'ble Supreme Court of India. However, the same was withdrawn without any liberty - there is no merit in the aforementioned relief sought for. Application dismissed.
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