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2019 (7) TMI 2016 - AT - Insolvency and BankruptcySeeking restoration of petition u/s 9 of the Insolvency & Bankruptcy Code, 2016 - Appellant (Corporate Debtor) submitted that the Adjudicating Authority (National Company Law Tribunal) (NCLT), Kolkata Bench has no jurisdiction to recall its earlier order having no power of review or to recall - HELD THAT:- The Adjudicating Authority, Kolkata Bench in exercise of power conferred by Rule 11 of the NCLT Rules, 2016 having restored the petition u/s 9 to its original file, there are no illegality in the impugned order. In so far hearing of the Appellant Amrit Feeds Limited (Corporate Debtor) is concerned, the petition having restored, the Appellant Amrit Feeds Limited (Corporate Debtor) will be given notice by the Adjudicating Authority before passing any order in the application u/s 9 preferred by S.S. Enterprises(Operational Creditor). There are no reason to interfere with the impugned order. The appeal is accordingly dismissed.
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