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Judgment
RA/96/ND/2023
Heard the submissions made by the Ld. Counsel for the Applicant. This is an application filed under Rule 11 of NCLT Rules, 2016 seeking recall of order dated 16.09.2022 of this Adjudicating Authority and prayed for revival/restoration of the IB/391/ND/2022.
We have carefully gone through the order dated 16.09.2022. The said order reads as under:
“Ld. Counsel Mr. Ravi Kumar has appeared on behalf of the applicant Sunita Upadhyaya being (Sole Prop. of Kartik Enterprises) and stated that the matter has been settled between the parties and he wants to withdraw the present petition.
In view of the statement made by the Ld. Counsel for the applicant, the present petition i.e. IB/391/ND/2022 stands dismissed as withdrawn.
Affidavit to that effect be filed within three days. File be consigned to record room after due compliance.”
In view of the above, as there is no enabling provision in IBC to revive the petition which was dismissed at the option of the Operational Creditor, the present restoration application i.e. RA/96/ND/2023 for recalling order dated 16.09.2022 stands dismissed without costs. Further, the inherent power of this Adjudicating Authority cannot be exercised in this matter as exercise of the inherent power requires justification in the interest of justice.
The case folders and connected papers be consigned to the record room.