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2021 (12) TMI 286 - Tri - Insolvency and BankruptcyValidity of ex-parte order - rule 11 of NCLT Rules, 2016 - whether inherent power u/r 11 can be used when alternate remedy is available? - HELD THAT:- The present Application has been filed by the Corporate Debtor on 10.6.2019 i.e., after two months after the date of admission of CIRP. On careful reading of the present Application, it is more than clear that the applicant seeks to recall/review of the Admission Order dated 10.4.2019 along with the ex-parte order dated 8.2.2019. Both the said orders have been passed by this Authority after careful consideration of facts and circumstances including the credible evidence placed in support of the fact that Corporate Debtor has been properly served with notice under section 8 of the IB Code, the main petition seeking initiation of CIRP as well as further dates of hearings before this Authority. The Operational Creditor has relied upon various case laws which deal with power of review of orders passed by this Authority and powers available under Rule 11 of the NCLT Rules, 2016. The facts and circumstances of the present Application clearly indicate that the Applicant is effectively seeking recall/setting aside of ex-parte order dated 8.2.2019 and CIRP admission order dated 10.4.2019. It is noted that the said orders have been passed after due consideration of facts and circumstances of the case. Therefore, there is no substance in the arguments advanced by Corporate Debtor that the said Orders can be recalled/reviewed by this Tribunal. The Hon'ble Allahabad High Court in the matter of Khan Enterprises Vs. National Company Law Tribunal and Ors. M/S KHAN ENTERPRISES VERSUS THE NATIONAL COMPANY LAW TRIBUNAL AND 4 OTHERS [2018 (9) TMI 1908 - ALLAHABAD HIGH COURT] has inter alia, held that "it is admitted that there is no provision in I.B.C. for review of the order admitting a petition filed under Section 9 of the I.B.C. It is also not disputed in law that the power to review cannot be exercised unless there is specific provision for the same." Similar views have been propounded in various other case laws by the Hon'ble NCLAT and relied upon by the Operational Creditor. Application dismissed.
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