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TMI Blog2017 (9) TMI 1610X X X X Extracts X X X X X X X X Extracts X X X X ..... dered view to refer this matter to a Larger Bench for consideration and decision, the Registry of this Bench is directed to send the entire file along with the copy of this order to the Registrar, National Company Law Tribunal, New Delhi, for placing the same before the Honourable President, National Company Law Tribunal, for referring the matter to the Larger Bench which has already been constituted. - C.P. (LB) No. 91/9/NCLT/AHM/2017 - - - Dated:- 7-9-2017 - Mr. Bikki R.Aveendra Babu, J. ORDER Mr. Rashesh Pankh present for Applicant Mr. Harmish Shah present for Respondent. Heard arguments of Learned Counsel for Applicant and Learned Counsel for Respondent on the aspect of pendency of winding up proceedings vide CP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15.6.20 17. After appearance of the Respondent through learned Counsel and filing objections, learned Counsel for the Applicant sought permission to withdraw the Application in order to file fresh Application by showing the name and description of the Applicant correctly. This Adjudicating Authority by order dated 1.8.20 17 permitted the Applicant to withdraw the said Application with liberty to file fresh Application provided it is not barred by limitation. Thereafter, on 2nd August, 2017 Applicant filed the present Application which came to be registered as CP (IB) No. 91 of 2017 . 3. In this Application, Respondent claimed ₹ 1,52,68,293.56 as the amount in default. Applicant served copy of the Application on the Respondent. Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y for winding-up is pending before the Hon ble High Court of Gujarat and the matter is posted to 21.9.2017, and in view of the pendency of the said winding up proceeding before the Hon ble High Court of Gujarat, this Application is not maintainable. 4. In this Application, following points emerge for consideration; (i) Whether the Demand Notice issued prior to the filing of CP (IB) No. 59 of 2017 is sufficient compliance of Section 8 of the Code read with Rule 5 of the Rules for filing the present Application, CP (IB) No. 91 of 2017 without issuing a fresh Demand Notice. (ii) Whether the Respondent has raised any dispute regarding the existence of amount of debt. (iii) Whether this Application is maintainable in view of the pend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Different Benches have taken different views on the aspect whether Applications under Section 7, 9 and 10 are maintainable or nor in the light of the pendency of winding up proceedings before various Hon ble High Courts. Therefore, the Special Bench of the NCLT, New Delhi referred the said point to a Larger Bench for decision. 7. Therefore, this Adjudicating Authority is also of the considered view to refer this matter to a Larger Bench for consideration and decision, on the following point; Whether CP (IB) No. 91 of 2017 is maintainable in view of the pendency of winding up proceedings, vide Company Petition No. 374 of 2016 on the file of Hon ble High Court of Gujarat against Khushbu Vinyl Private Limited (Respondent herein). 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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