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Issues: Whether an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 can be entertained to reopen an already admitted petition and examine the question of limitation after commencement of CIRP.
Analysis: Admission of a petition under the insolvency framework is a final order at the stage of admission, and the statute provides an appellate remedy under Section 61 of the Insolvency and Bankruptcy Code, 2016. Once that remedy has been pursued, the Adjudicating Authority becomes functus officio in relation to the admission order. Section 60(5) confers jurisdiction to deal with proceedings concerning the corporate debtor during CIRP or liquidation, but it does not create a power of review or authorise reopening of a concluded admission order. In the absence of an express review power, the application could not be used to nullify the earlier admission order.
Conclusion: The application to reopen the admitted petition on limitation was not maintainable and was rightly rejected.