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2022 (6) TMI 9 - NATIONAL COMPANY LAW TRIBUNAL , KOCHI BENCHJurisdiction - Power of Liquidator to act beyond the period of liquidation - it is claimed that date of initiation of the Liquidation proceedings, is 10.01.2020 and the initial period of one year and the extended period of one year expired on 10.01.2022, and this application filed on 22.03.2022 is ultra vires to IBC 2016 - HELD THAT:- A conjoint reading of Section 424(3) of Companies Act, 2013 and Rule 57 of NCLT Rules, 2016, it is clear that for the purpose of enforcement of an order of this Tribunal, the Tribunal shall be deemed to be a Civil Court and the order to be enforced as a deemed decree, for which an application is to be filed under Rule 56 of NCLT Rules, 2016 - Section 67 deals with the proceedings under Section 66, Rule 11 deals with Inherent powers of this Tribunal to make orders as may be necessary for meeting the ends of justice or to prevent abuse of the process of this Tribunal and Rule 51 deals with the Power of the Tribunal to regulate the procedure. Nowhere in the Sections or Rules, there is any provision to order execution of the proceedings. In this case, the discretionary power cannot be used since this is a case for execution of the decree which can be done by this Tribunal under Rule 57 of the NCLT Rules, 2016, if application to that effect is filed and that too after hearing the affected parties. Since this application has been filed under Section 60(5) and 67 of IBC, the second relief for enforcement and execution of the order/decree passed by this Tribunal in IA/IBC/27/KOB/2021 vide order dated 13.07.2021 also cannot be granted. Application dismissed.
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