TMI Blog2021 (5) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... Adjudicating Authority in the IB Petition filed under Section 9 of the IB Code, in that event, the respondent/the then corporate debtor of CP (IB) 594 of 2018 would have approached before the Hon'ble Appellate Authority. However, the corporate debtor never approached the Appellate Authority for setting aside the admission order so passed by this Adjudicating Authority on 26.04.2019. Hence, admission order reached to its finality - It is also pertinent to mention herein that the present applicant had also filed an application, i.e. IA 802 of 2019 in CP (IB) 594 of 2018, before this Adjudicating Authority, during the pendency of CIRP, seeking direction upon the RP for accepting his claim as one of the financial creditors of the corporate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Oman Inc. (HUF) for initiating Corporate Insolvency Resolution Process against M/s. Digjam Limited. 3. It is a matter of record that, during the CIRP period, one Resolution Plan was received by the Committee of Creditors (CoC) and the same was accepted by the CoC and the resolution plan was approved by this Adjudicating Authority on 27.05.2020. 4. It is submitted by the learned PCS that the application so filed under Section 9 of the IB Code, was not maintainable, as it was time barred claim of the Operational Creditor and the admission of the same petition is in violation of the provisions of the IB Code. Hence, the instant application is filed by the applicant after around 10 months, with following prayers:- a) Quash the entire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Resolution Plan, the CoC accepted the same and the Resolution Plan in respect of the Corporate Debtor, namely, M/s. Digjam Limited was already approved by this Adjudicating Authority on 27.05.2020 and same has also reached its finality. 6. It is also pertinent to mention herein that the present applicant had also filed an application, i.e. IA 802 of 2019 in CP (IB) 594 of 2018, before this Adjudicating Authority, during the pendency of CIRP, seeking direction upon the RP for accepting his claim as one of the financial creditors of the corporate debtor company. However, on hearing both sides, the said application was dismissed by this Adjudicating Authority on 07.02.2020. 7. It is to be mentioned herein that in the similar kind of issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be confused with an Appellate power. 9. It is further observed that; 23. A mere perusal of the 'NCLAT' Rules, 2016 unerringly point out that there is no express provision for 'review' and further that the Review Applicant/Appellant cannot seek the aid of Rule 11 of the 'NCLAT' Rules, 2016 which speaks of inherent powers. Also, that the Review Applicant cannot seek umbrage under section 420(2) of the Companies Act, 2013 for filing the 'Review Application' on the purported ground of rectifying any mistake apparent from the record, within two years from the date of order passed, in the considered opinion of this Court. 10. Thus, under the facts and circumstances discussed in sequel herein above, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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