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HC transferred pending winding-up petition to NCLT following ...


Company Winding-up Petition Moves to NCLT After 7-Year Stagnation Following Respondent's Request Under IBC

February 19, 2025

Case Laws     Companies Law     HC

HC transferred pending winding-up petition to NCLT following respondent's explicit request. No substantive progress had occurred in seven years, with neither provisional nor official liquidator appointed. Court treated respondent's written submissions as transfer application, noting formal application unnecessary per Action Ispat precedent. Decision aligned with Supreme Court directive that pending winding-up proceedings not in advanced stages should transfer to NCLT. Matter scheduled for NCLT Delhi Bench hearing on 10.03.2025. Court emphasized transfer appropriate given absence of substantive liquidation proceedings and respondent's clear transfer intent.

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