National Company Law Appellate Tribunal, New Delhi: The present appeal was filed against the impugned order of the adjudicating authority (National Company Law Tribunal).
The brief facts being that the adjudicating authority, by way of an impugned order, rejected the prayer on the grounds that it does not have any power to dismiss the companys’ petition after admission of the application under Section 9 of the Insolvency & Bankruptcy Code, for initiation of ‘Corporate Insolvency Resolution Process’. The impugned order was challenged in the current case.
Having heard the learned counsel for the appellant, it is clear that the appellant was an investor, and therefore, cannot claim to be an ‘aggrieved person’, for preferring appeal against the impugned order. Furthermore, the order passed before the impugned order was not under challenge in the present appeal, hence the Appellate Tribunal cannot express any opinion with regard to the order of admission. The Tribunal held that the adjudicating authority was right in refusing to recall the earlier order as it had no power to review or recall. Therefore, in absence of any merit, the appeal was dismissed. However, the Tribunal specifically mentioned that the impugned order passed by the adjudicating authority, Mumbai and the order of the current adjudicating authority will not come in the way of the appellant investor to file its claim before the “Insolvency Resolution Professional”. [Anant Kajare v. Eknath Aher, 2017 SCC OnLine NCLAT 434, decided on 30-11-2017]
