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TMI Blog2022 (1) TMI 1355X X X X Extracts X X X X X X X X Extracts X X X X ..... he Gazette of India on 17th August 2018 - HELD THAT:- There can be no doubt when a party applies even in a pending case seeking winding-up it is obligatory on part of the High Court or any other Courts before whom the proceedings are pending to remit the matter to the Tribunal. It would be pertinent to note herein that when the order dated 21st March 2017 was passed rejecting the application for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w Tribunal(NCLT) in view of gazette notification dated 28th May 2016 as amended as well as further amendment to The Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 published in the Gazette of India on 17th August 2018. Learned counsel for the petitioner drew the attention of this Court to an order, dated 21st March 2017, passed in the Company Petition. In terms of that order, learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o arbitration, compromise, 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 .. He also placed reliance on a subsequent amendment to The Insolvency and Bankruptcy Code ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the proceedings so transferred shall be dealt with by the Tribunal as an application for initiation of corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016. In view of the aforesaid amendments, as noted hereinabove, there can be no doubt when a party applies even in a pending case seeking winding-up it is obligatory on part of the High Court or any other C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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