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TMI Blog2018 (11) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... T is only an attempt to further delay and prolong the proceedings. Having come to a conclusion that there is no merit in the petition, see no reason to transfer the petition to NCLT. Also the old management of the Association, it appears cannot continue with the present proceedings. The new Management who were elected have decided to withdraw the present winding up petition. Accordingly, the present petition is even otherwise not maintainable in view of the decision taken by the new management of the petitioner to withdraw the present petition. - CO.PET. 732/2016 - - - Dated:- 11-10-2018 - MR. JAYANT NATH J. Petitioner Through: Ms. Sunita Bhardwaj, Adv. for the petitioner. Mr. Ashok Nagrath, Adv. for the petitioner (both counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Committee has passed a resolution seeking to engage a new advocate and also seeking to withdraw these Company Petitions including the present petition. Hence, learned counsel submits that he would like to withdraw the present petition. Ms. Sunita Bhardwaj, Advocate has opposed the plea of Mr. Ashok Nagrath, Advocate. 5. Learned counsel appearing for the respondent has vehemently opposed the present winding up petition. He has also pointed out that respondent is not responsible for any dues of the petitioner. The bill in question is neither payable nor due to the petitioner. 6. Dehors the controversy raised regarding as to which of the learned counsel is appearing for the petitioner, I have gone into the merits of the present petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, it has been pleaded that they had entered into a lease of the said premises No. 1111, 11th Floor, New Delhi House and since then, they were functioning from the said office. It has been pointed out that the said respondent is not the owner of the premises and is not liable to make any payment towards charges for alleged renovation which have been done by the petitioner. The expenses being in the nature of permanent expenses, the same, it is pleaded, are recoverable from the owner of the premises and not from its tenant. 9. It is clear from the facts pleaded by the petitioner that no conclusion can be made that any amount is due or payable by the respondent to the petitioner. There is no debt due to the petitioner. There is hence, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrangements and reconstruction and winding up of companies, pending immediately before such date before any District Court or High Court, shall stand transferred to the Tribunal and the Tribunal may proceed to deal with such proceedings from the stage before their transfer: Provided that only such proceedings relating to the winding up of companies shall be transferred to the Tribunal that are at a stage as may be prescribed by the Central Government. [Provided further that any party or parties to any proceedings relating to the winding up of companies pending before any Court immediately before the commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, may file an application for transfer of such procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gis of the Observer, namely, Justice P.K.Bhasin (Retired). The relevant portion of the said order passed by this court reads as follows:- .grievances on several scores cannot be addressed in the absence of an elected body is also an admitted position. This cannot be disputed and has in fact not been disputed by the learned counsel for the respondent. That being the position, this Court has no hesitation in holding that a transparent election be permitted of this flat owners Association i.e. New Delhi Building Housing Association located at 27, Barakhamba Road, New Delhi which will be conducted under the aegis of an Observer i.e. a retired High Court Judge namely Justice P.K. Bhasin(Mobile No. 9871300032). The process of election will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber of candidates for each post is only one the abovenamed candidates are deemed to have been elected unopposed for the post mentioned against their names. There will now be no formal election on 05.05.2018 as announced earlier. 29.04.2018 JUSTICE (RETD.) P.K. BHASIN ELECTION OBSERVER 16. In view of the above report, in my opinion, the old management of the Association, it appears cannot continue with the present proceedings. The new Management who were elected have decided to withdraw the present winding up petition. 17. Learned counsel appearing for the old management of the association, however, states that the elections held have been challenged by filing of an appropriate suit in the District Courts and the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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