TMI Blog2020 (1) TMI 1259X X X X Extracts X X X X X X X X Extracts X X X X ..... y held and also under the provisions of IBC, 2016 that there is no provisions under the IBC, 2016 nor under the NCLT Rules to review its own order. Hence, the Order of the Hon'ble Supreme Court dated 29th July, 2019 cannot be interpreted as a direction given to this Adjudicating Authority to review the Order. Since, there is no provisions under the Act, Rules of Insolvency and Bankruptcy Code, 2016, nor any judgments precedents, this application for review/recall is not maintainable - application dismissed. - CA(IB) No. 87/CTB/2019 Arising out of IA (IB) No. 21/CTB/2019 in TP No. 40/CTB/2019 Arising out of CP (IB) No. 24/KB/2018 - - - Dated:- 10-1-2020 - Sucharitha R., Member (J) And Satya Ranjan Prasad, Member (T) For the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Order dated 25.06.2019. 3. The respondent has filed its reply, the respondent states that W.P. (C) No. 2511 of 2018 was filed by respondent against applicant was before the Hon'ble High Court of Orissa, by Order dated 15.03.2018 was pleased to grant an Order of stay of the proceeding initiated by State Bank of India in CP (IB) No. 24/KB/2018. The Order of the Hon'ble Apex Court in IA 96019/2019 arising out of Civil Appeal No. 3169/2019 cannot be interpreted as direction/permission to review . The respondent filed Writ Appeal No. 237 of 2018, challenging the Order dated 02.05.2018 passed by the Single Judge of the Hon'ble High Court of Orissa. The Order dated 27.06.2018 in WA No. 237/2018 was challenged in Civil Appeal No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raw the instant appeal with liberty to approach the National Company Law Tribunal (NCLT) for review of the Order under challenge. Permission is granted. The appeal is accordingly dismissed as withdrawn with liberty as aforementioned. 5. The applicant has sought permission before the Hon'ble Supreme Court to withdraw the Civil Appeal. While doing so, the applicant has also sought permission to file review before the National Company Law Tribunal against the Order dated 25.06.2019 passed by this Adjudicating Authority in IA (IB) No. 21/CTB/2019. The Hon'ble Supreme Court has only permitted the applicant to withdraw the Civil Appeal with liberty as aforementioned. So, this is a permission granted by the Hon'ble Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. 7. Can the Order dated 29th July, 2019 passed in the Civil Appeal No. 3169 of 2019 can be interpreted as an Order of the Hon'ble Supreme Court under Article 142 of the Indian Constitution? The answer is No. The permission to withdraw with liberty granted by Hon'ble Apex Court cannot be interpreted as an Order under Article 142 of the Constitution of India. 8. The application has been filed by the applicant under Section 60 (5) read with Rule 11 of National Company Law Tribunal Rules, 2016. Definitions of Section 60 (5) of the IBC, 2016 are as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. The present CA No. 87/CTB/2019 was filed on 20th August, 2018. The question was put to the applicant, as to why they have not filed appeal before the Hon'ble NCLAT, if there were aggrieved by the Order of this Adjudicating Authority dated 25th June, 2019. There is no clear-cut answer from the counsel appearing for the State Bank of India/applicant. However, learned Counsel stated that the bank did not get appropriate guidance/opinions from their counsel. It is very unfortunate to hear such comments from the nationalised bankers and that to in the matters of such high stakes. 11. The Hon'ble Supreme Court and Hon'ble NCLAT has time and again clearly held and also under the provisions of IBC, 2016 that there is no provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
