2017 (2) TMI 1246 - HC - Companies Law

Winding-up petition - cases refereed to NCLT - Held that - In terms of the notification Regd. No.D.L.-33004/99 dated 07.12.2016, issued by the Ministry of Corporate Affairs and in particular, Clause 5 thereof, the present winding up petition under Sections 433(e), 434 and 439 of the Companies Act, 1956, stands transferred to the Principal Bench, National Company Law Tribunal, New Delhi (hereinafter referred to as NCLT ). The Registry is directed to transmit the record of the present petition to the Principal Bench, NCLT, forthwith. In view of the orders passed in the accompanying petition herein today, list this application before the Principal Bench, NCLT along with the accompanying petition on the date already fixed therein i.e. 21.04.2017, for further proceedings, in accordance with law.

Summary

Issues:
1. Transfer of winding-up petition to the National Company Law Tribunal (NCLT).
2. Application under Order XII Rule 14(3) of the Code of Civil Procedure, 1908 for bringing additional documents on record.

Transfer of Winding-up Petition to NCLT:
The judgment addresses the transfer of the winding-up petition to the National Company Law Tribunal (NCLT) as per a notification issued by the Ministry of Corporate Affairs. The petition, originally filed under Sections 433(e), 434, and 439 of the Companies Act, 1956, is directed to be listed before the Principal Bench, NCLT for further proceedings. The order cancels the previously fixed date and instructs the Registry to transmit the petition record to the NCLT promptly. This transfer is in accordance with Clause 5 of the notification Regd. No.D.L.-33004/99 dated 07.12.2016, highlighting the shift of jurisdiction from the High Court to the specialized forum of NCLT for matters related to company winding-up petitions.

Application under Order XII Rule 14(3) of CPC:
The judgment also deals with an application filed under Order XII Rule 14(3) of the Code of Civil Procedure, 1908, seeking permission to bring additional documents on record. The application requests the court to consider the annexed documents while deciding the Miscellaneous application of the Petitioner. The court directs this application to be listed before the Principal Bench, NCLT along with the main petition on the previously scheduled date for further proceedings. This procedural step ensures that the additional documents are properly considered in the ongoing legal process, maintaining the integrity of the case and allowing for a comprehensive review of all relevant materials in accordance with the law.