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2023 (1) TMI 906 - AT - Insolvency and BankruptcyMaintainability of second application on the same cause of action - exactly similar application had earlier been filed as I.A. No. 3431-3433 of 2022 which was argued for sometime and withdrawn with liberty to avail any other remedy but for the remedy before this Tribunal - Prayer for revival and relisting of CA (AT) (Ins) No. 627 of 2019 and to adjudicate the same upon the questions of facts and law as raised therein, except upon the question of limitation - seeking to direct Respondent No. 2 not to proceed with the CIRP till disposal of present application - how a second application on the same cause of action is maintainable? HELD THAT:- Such a procedure cannot be followed as it is against the judicial propriety and public policy in as much as it will breed an unending litigation before the Courts of Law. Even otherwise, liberty was not granted by the Hon’ble Supreme Court to the Applicants to file the application rather the Applicants themselves proposed to file a fresh application before this Tribunal and withdrew the application filed before the Hon’ble Supreme Court. There are no reason to entertain the present application and hence the same is hereby dismissed.
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