9911796707
TMI Blog2018 (11) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... r renovation of the building New Delhi House which was constructed in 1974. It is further stated that the respondent company is indebted to the petitioner for a sum of Rs. 1,01,900/- The petitioner raised invoice/bills bearing No.78 of 2016 for renovation of the building New Delhi House. As the respondent company failed to pay the said amount a statutory notice was issued on 12.4.2016. Hence, present winding up petition. 2. The matter was fixed for arguments on 29.8.2018 and 26.9.2018. It was adjourned for today clearly stating that no adjournment would be granted. 3. Today, the learned counsel Ms. Sunita Bhardwaj appearing for the petitioner states that the petitioner has filed an application under section 434 of the Companies Act, 2013 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- The Cheques/Demand Drafts be issued in favour of "New Delhi House Flat Owners Association" (Regd.) E&OE Authorised Signatory" 7. The above bill is the sum and substance of the reason as to why the present winding up petition has been filed. The petition is completely bereft of any further details. What is the relationship of the petitioner with the respondent is not explained either in the bill or in the petition. There is no explanation as to in what capacity, the respondent is liable to pay the bill for external renovation. Presumably, the Association must have carried out some external renovation on the basis of which bills might have been raised on the occupants of various flats in the New Delhi House. No details when the renovat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Companies Act, 1956 (1 of 1956), immediately before such date shall stand transferred to the Tribunal and the Tribunal shall dispose of such matters, proceedings or cases in accordance with the provisions of this Act; (b) any person aggrieved by any decision or order of the Company Law Board made before such date may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising out of such order: Provided that the High Court may if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days; and (c) all p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts in the present case demonstrate that there is no material on merit to substantiate filing of the present winding up petition. It appears that the present application/request to have the matter transferred to NCLT is only an attempt to further delay and prolong the proceedings. Having come to a conclusion that there is no merit in the petition, I see no reason to transfer the petition to NCLT. 13. I may now note few facts about the affairs of the petitioner association. There has been a dispute pending for the management of the said association. This court on 25.2.2016 in CRP 27/2015 titled Vijay Mehta vs. Association of Apartment Owners of New Delhi House (Regd) had directed that transparent elections be held for the flat owners A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ows:- "After Shri Pradeep Gandhi withdrew his nomination on 28.04.2013 the following candidates are left in the fray for different posts in the Managing Committee Name of the Member/Candidate Post Sh. K.J, Sangar President Sh. S.C. Khaneja Vice President Sh. Ashok Kumar Mehta General Secretary Sh. Vikram Mittal Treasurer Smt. Geeta Mehta Member Executive Sh. S.L. Gupta Member Executive Sh. Chaman Mahajan Member Executive Since the number of candidates for each post is only one the abovenamed candid ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
