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2020 (2) TMI 1118 - Tri - Insolvency and BankruptcyRecall of Order - initiation of CIRP - primary ground for the recall it is evident from the averments contained in the application as well as the grounds is that the applicant company, namely, the CD is Non-Banking Financial Company (NBFC) registered on 1.1.2003 bearing registration No. B. 14.00908 evident from the registration certificate issued by the Reserve Bank of India (RBI) - HELD THAT:- It is evident that the CD is required to establish that it is rendering financial service as defined under Section 3(16) of IBC,2016 and that it is a 'Financial Service Provider' as defined under section 3(17) of IBC,2016 all of which requires appreciation of evidence, which this Tribunal is afraid cannot be ventured into after a final order has been passed after contest with the available materials on hand, including the pleadings of the respective parties. Inherent powers as provided under Rule 11 of NCLT Rules, 2016 cannot also be indiscriminately exercised by this Tribunal with a view to subvert the appellate provisions as provided under IBC,2016 in case if the parties are aggrieved by final order passed by this Tribunal more so when specific time limits are provided in IBC,2016 in filing appeals before the Appellate Tribunal. Application do not deserves to be admitted - application dismissed.
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