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2022 (4) TMI 651 - AT - Insolvency and BankruptcyRevival of Resolution Plan - petition already closed due to settlement and there was no Insolvency Resolution Process pending against the Corporate Debtor - HELD THAT:- There is no dispute between the parties that the Application under Section 9 filed by the Operational Creditor was closed on 20th December, 2021 on the ground that CIRP of the Corporate Debtor has already been initiated in CP(IB) No. 813/2020. After the aforesaid Order dated 20th December, 2021, the Operational Creditor filed the I.A. No. 6010 of 2021 for modification of the Order but till the time modification came to be considered by the Adjudicating Authority, Adjudicating Authority was aware that CIRP in CP(IB) No. 813/2020 has already been closed hence there was no impediment in reviving the Application. It is true that I.A. 6010/2021 only praying for liberty to revive but on account of actual happening of settlement in CP(IB) No. 813/2020, no error has been committed by the Adjudicating Authority in reviving the CP(IB) No. 315/ND/2021. The Appeal is dismissed.
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