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2022 (9) TMI 632 - AT - Insolvency and BankruptcySeeking to Recall the original order dated 05.05.2022 and to issue a fresh order, appointing the Resolution Professional and directing him to submit a Fresh Report, after affording an opportunity to the Appellant/Applicant - Principles of natural justice - HELD THAT:- In view of the fact that the Adjudicating Authority (National Company Law Tribunal, Kochi Bench) has not yet finally arrived at a conclusion, cementing upon the Report of the Resolution Professional, and despite the earlier observation made by the Adjudicating Authority (National Company Law Tribunal, Kochi Bench) in CP(IBC)/24/KOB/2022 dated 05.05.2022 that Debt and Default were proved, yet in the considered opinion of this Tribunal, the Adjudicating Authority (National Company Law Tribunal, Kochi Bench) had provided an opportunity to the Appellant/ Applicant to file a Reply Statement on or before 17.06.2022 and posted the matter on 21.06.2022 For Hearing (vide Order dated 16.06.2022 in CP(IBC)/24/KOB/2022). Also keeping in mind of another fact that the Appellant / Applicant was provided with an opportunity to approach the Resolution Professional in IA/IBC/147/KOB/2022 filed by the Applicant/Appellant, this Tribunal holds that IA/IBC/147/KOB/2022 filed by the Applicant / Appellant was rightly dismissed by the Adjudicating Authority (National Company Law Tribunal, Kochi Bench) on 29.06.2022 by holding that Tribunal has no power to Recall or Review its Order or Decision etc. and opines that it is open to the Applicant / Appellant to file Reply before the Resolution Professional appointed in CP(IBC)/24/KOB/2022 for redressal of his grievances, if he so desires / advised. Application disposed off.
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