2017 (11) TMI 1887

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..... udicial) For Appellant: - Mr. Sanjiv Sen, Senior Advocate with Mr. Rahul Gaikwad, Mr. Ajay Kumar and Mr. Kapil Joshi, Advocates. ORDER The Appellant, who claims to be Investor of "Citrus Check Inns Limited", a Company incorporated under the Companies Act, 1956 and 2013, filed intervention Petition before the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench, Mumbai in CP No. .....

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..... the ground that the Adjudicating Authority has no power to recall the order dated 2nd May, 2017 or to dismiss the Company Petition after admission of the application under Section 9 of the 'I&B Code' for initiation of 'Corporate Insolvency Resolution Process'. The impugned order dated 3rd October, 2017 is under challenge in the present appeal. 3. Learned senior counsel appearing on behalf of the .....

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..... ovember, 2016 in Civil Appeal No. 659091/2016 were not brought to the notice of the Adjudicating Authority. 4. Heard learned counsel for the Appellant. Admittedly, the Appellant is an Investor therefore, the Appellant cannot claim to be an 'aggrieved person' for preferring appeal against the order dated 2nd May, 2017 passed by Adjudicating Authority whereby the application under Section 9 of the .....

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