NATIONAL COMPANY LAW TRIBUNAL
SHRI MAHENDRA KHANDELWAL, DR. SANJEEV RANJAN, JJ
BHARTI GOYAL – Appellant
Versus
hector realty ventures pvt ltd – Respondent
1. The present I.A. No. 5659 of 2023 is an application filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (“Code”) along with Rule 11 of the NCLT, Rules, 2016. The present application is preferred by Ms. Bharti Goyal, one of the homebuyers of the Corporate Debtor (“Applicant”) seeking recall of CIRP withdrawal order dated 07.09.2022, passed by this Adjudicating Authority.
2. The Applicant has made the following prayers in the application: a) Allow the present Application and recall its order dated 07.09.2022, through which CIR process against the Corporate Debtor has been withdrawn, being obtained from this Hon'ble Tribunal by committing a fraud upon it, as well as by concealment of material facts from it.
b) Revive the CIR Process of the Corporate Debtor to be held afresh for the period of 90 days, from the date of order in the present application, in the interest of home buyers/stake holders whom have been subjected to repeated on-going frauds, as well as for the revival/ resolution of the Corporate Debtor.
c) Appoint the Insolvency Professional whose consent form (AA) is attached along with the present application, as new Resolution Professional of the Corp
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