The High Court of Delhi transferred a winding-up petition filed under Sections 433, 434, and 439 of the Companies Act, 1956 to the Principal Bench of the NCLT pursuant to a 2016 MCA notification, directing the registry to transmit the record.
Transferred the petition to the NCLT and directed transmission of the record.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
SURYA PHARMACEUTICALS LTD. ..... Petitioner Through: Mr. Anurag Singh & Ms. Kartika Chaudhary, Advocates.
versus
WALSON RETAILS PVT. LTD. ..... Respondent
CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
O R D E R % 18.01.2017
In terms of the notification Regd. No.D.L.-33004/99 dated 07.12.2016, issued by the Ministry of Corporate Affairs and in particular, Clause 5 thereof, the present petition under Sections 433, 434 & 439 of the Companies Act, 1956, stands transferred to the Principal Bench, National Company Law Tribunal, New Delhi (hereinafter referred to as ‘NCLT’).
The Registry is directed to transmit the record of the present petition to the NCLT for further proceedings, in accordance with law.
Counsel for the applicant shall appear before the NCLT on 16th February, 2017.
SIDDHARTH MRIDUL, J.
JANUARY 18, 2017 ‘AA’
1 issue framed by the court
Whether the petition under Sections 433, 434 & 439 of the Companies Act, 1956 should be transferred to the NCLT based on a Ministry of Corporate Affairs notification.
2 provisions across 2 enactments
SURYA PHARMACEUTICALS LTD.
WALSON RETAILS PVT. LTD.
SIDDHARTH MRIDUL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
