9911796707
TMI Blog2017 (9) TMI 1129X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Hon'ble Delhi High Court vide its order dated 13.01.2017 transferred the matter to this Tribunal as per notification issued by the Central Government on 07.12.2016. The order of the Hon'ble Delhi High Court reads as under:- "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) & 439 of the Companies Act, 1956, stands transferred to the Principal Bench, National Company Law Tribunal, New Delhi (hereinafter referred to as the 'NCLT'). The Registry is directed to transmit the record of the present petition to the NCLT for further proceedings, in accordance with law. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, and where the petition has not been served on the respondent as required under rule 26 of the Companies (Court) Rules, 1959 shall be transferred to the Bench of the Tribunal established under sub-section (4) of section 419 of the Act, exercising territorial jurisdiction and such petitions shall be treated as applications under section 7, 8 or 9 of the Code, as the case may be, and dealt with in accordance with Part II of the Code: Provided that the petitioner shall submit all information, other than information forming part of the records transferred in accordance with Rule 7, required for admission of the petition under section 7, 8 or 9 of the Code, as the case may be, including details of the proposed insolvency professional to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of the petition under Section 7, 8 or 9 of the Code including the details of the proposed Insolvency Resolution Professional to the Tribunal within 60 days (later extended for six months) failing which the petition was to abate. 3. The petitioner has also not filed any affidavit of service in accordance with the provisions of Rules known as Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. 4. In view of the aforesaid the necessary consequence is that the petition has abated and as such is liable to be dismissed. 5. Learned counsel for the petitioner however prefer to argue that the process at which the Hon'ble High Court left needs to be carried further and fresh notice must be issued to the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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