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TMI Blog2018 (1) TMI 1594X X X X Extracts X X X X X X X X Extracts X X X X ..... 35 of 2013 filed under the provisions of the Companies Act, 1956 is pending before the hon'ble High Court of Madhya Pradesh by the date of filing of this petition under section 73(4) of the Companies Act, 2013 - It is a fact that, the petitioners did not obtain leave of court at the time of filing this petition or during the pendency of this proceedings. In view of the pendency of winding up Petition No. 35 of 2013 and in view of section 446(1) of the Companies Act, 1956, proceedings filed by the deposit holders cannot be proceeded with at the instance of deposit holders against Plethico Pharmaceuticals Ltd. In fact, the petitioners are entitled to their deposit amount with unpaid interest at the agreed rates and the company has to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the company for extension of time by the National Company Law Tribunal, Ahmedabad Bench, the company did not choose to make any payments. Learned counsel appearing for the petitioners contended that in spite of service of notice, none choose to appear for the company. The petitioners brought to the notice of this Tribunal the following facts that are germane for disposal of this batch petitions. 3. The Citibank N. A., London branch, a US National Banking Corporation incorporated under the laws of the New York and acting through its London branch having its principal office in London through its authorised signatory filed winding up petition vide Company Petition No. 35 of 2013 before the hon'ble High Court of Madhya Pradesh, Indo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Madhya Pradesh at Jabalpur vide Writ Petition No. 21400 of 2016. In the said Writ Petition No. 21400 of 2016, the hon'ble High Court of Madhya Pradesh at Jabalpur vide order dated January 6, 2017 directed that no coercive action shall be taken against the company pursuant to the notification dated September 19, 2016. The said petition was listed before the hon'ble High Court of Madhya Pradesh at Jabalpur on November 8, 2017 and the same was taken up for hearing on November 27, 2017. 6. Winding up Petition No. 35 of 2013 is pending before the hon'ble High Court of Madhya Pradesh, Indore Bench. 7. The company as well as depositors approached the hon'ble Company Law Board, Mumbai Bench in the year 2014-15. The hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny for repayment to the deposit holders. 13. Section 446 of the Companies Act, 1956 says that no legal proceedings shall be commenced after winding up order has been made or the official liquidator is appointed as provisional liquidator, except by leave of the court. In the case on hand, winding up Petition No. 35 of 2013 filed under the provisions of the Companies Act, 1956 is pending before the hon'ble High Court of Madhya Pradesh by the date of filing of this petition under section 73(4) of the Companies Act, 2013. 14. It is a fact that, the petitioners did not obtain leave of court at the time of filing this petition or during the pendency of this proceedings. In view of the pendency of winding up Petition No. 35 of 2013 and i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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