2023 (8) TMI 554

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..... nsel for OL with Mr. Siddharth Mullick, Advocate. ORDER CO.APPL. 190/2022 (for transfer of the company petition) in CO. PET. 384/2016 1. This is an application filed by the Petitioner Company (Ultratech Cement Ltd.), inter alia¸ praying that the present petition be transferred to the National Company Law Tribunal [hereinafter, "the NCLT"] in terms of Section 434 (1)(c) of the Companies A .....

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..... objection to the prayers made in the application subject to the expenses incurred by the OL during the winding up proceedings being cleared by the petitioner herein, which amount to Rs. 48,069/- approximately. 6. The Supreme Court in Action Ispat and Power Private Limited vs. Shyam Metalics and Energy Limited (2021) 2 SCC 641 held as follows:- "25. ........................... So long as no act .....

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..... Reconstruction Company Limited and Another (2019) 18 SCC 549, the present application is allowed subject to the petitioner clearing the expenses incurred by the OL. The OL is directed to raise a demand upon the petitioner within one week, which the petitioner will clear within two weeks thereafter. 8. The present company petition is accordingly transferred to the NCLT. All pending applications s .....

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