9911796707
TMI Blog2021 (12) TMI 1515X X X X Extracts X X X X X X X X Extracts X X X X ..... x Court in case of Action Ispat and Power Pvt Ltd. vs. Shyam Metalics and Energy Ltd. [ 2020 (12) TMI 535 - SUPREME COURT ], this petition is required to be transferred to the NCLT, Ahmedabad. The Company Petition No. 10 of 2016 is accordingly transferred to the National Company Law Tribunal, Ahmedabad Bench. Registry to forward the papers to the Tribunal within a period of Eight weeks from today along with order. Tribunal to do the needful in accordance with law to proceed with the matter from the stage at which it is transferred. The Official Liquidator Report does not survive and stands disposed of accordingly. - HONOURABLE MR. JUSTICE BHARGAV D. KARIA VIRAL K Shah (5210) for the Petitioner(s) No. 1 Appearance Deleted (23) for the Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 1 of 2016 (Old No. Official Liquidator Report No.80 of 2016) was preferred by the Official Liquidator to ratify the action taken by the office of Official Liquidator for not taking physical possession and taking only symbolic possession of the office office-cum-factory of the respondent company in which notice was issued on 17th October, 2016 and thereafter, adjourned from time to time. 6. It appears that thereafter, the learned advocate appearing for the respondent-company sought permission to withdraw his appearance as no instructions were received from the respondent-company and accordingly this Court (Coram: Hon ble Mr. Justice A.J. Desai) vide order dated 27th January, 2020 directed the Registry to remove the name of learned advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n after it is admitted. Thus, in a winding up proceeding where the petition has not been served in terms of Rule 26 of the Companies (Court) Rules, 1959 at a pre-admission stage, given the beneficial result of the application of the Code, such winding up proceeding is compulsorily transferable to the NCLT to be resolved under the Code. Even post issue of notice and pre admission, the same result would ensue. However, post admission of a winding up petition and after the assets of the company sought to be wound up become in custodia legis and are taken over by the Company Liquidator, section 290 of the Companies Act, 2013 would indicate that the Company Liquidator may carry on the business of the company, so far as may be necessary, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
