Limited liberty in insolvency review cannot be converted into recall or fresh rehearing under the Code.

Limited liberty granted by the higher court to file a review application under the Insolvency and Bankruptcy Code, 2016 did not expand into recall jurisdiction or a de novo rehearing. The order treated the liberty as confined to a review that must be maintainable in law, and noted that review is not statutorily contemplated under the Code. On that basis, the application was held not maintainable and was rejected.

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Issues: Whether the applicant's review application was maintainable under the Insolvency and Bankruptcy Code, 2016, and whether the liberty granted by the higher court permitted conversion of the request into a recall application or a de novo rehearing.

Analysis: The order noted that the earlier judgment had been carried in appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, and that the higher court had only observed that a review application could be filed and decided in accordance with law. The order treated this as a limited liberty and held that such liberty could not enlarge the scope of review into a recall jurisdiction or a fresh hearing. Since review is not statutorily contemplated under the Code, the application could not be entertained.

Conclusion: The review application was held to be not maintainable and was rejected.

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