Air India Limited v. Aryan Cargo Express Private Ltd.

Delhi HC5 Dec 2025CO.PET./207/2011

Case brief

AI extract

What is this about?

Winding up petition transfer to NCLT; Companies (Transfer of Pending Proceedings) Rules, 2016; Action Ispat and Power Pvt. Ltd. v. Shyam Metalics and Energy Limited (2021) 2 SCC 641; Air India Limited v. Aryan Cargo Express Private Ltd; Delhi High Court CO.PET. 207/2011; Prateek Jalan, J; order dated 05.12.2025; appearance before Registrar, NCLT Principal Bench on 19.12.2025; petition pending since 2011; winding up proceedings not commenced.

What did the court decide?

Winding up petition transferred to NCLT; parties directed to appear before the Registrar, NCLT, Principal Bench on 19.12.2025; records to be transmitted to the Registrar, NCLT, Principal Bench; company petition disposed of from the Board of this Court. ¶¶18

Air India Limited Vs Aryan Cargo Express Private Ltd. — Delhi HC (2025) — LawSathi Research

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$~C-4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CO.PET. 207/2011

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AIR INDIA LIMITED .....Petitioner Through: Mr. Avishkar Singhvi, Ms. Ruby Singh Ahuja, Ms. Tahira Karanjawala, Mr. Arjun Sharma, Ms. Megha Dugar, Mr. Tribhuvan N. Singh, Mr. Naved Ahmed, Advocates.

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versus

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ARYAN CARGO EXPRESS PRIVATE LTD .....Respondent Through: Mr. Vaibhav Dang, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE PRATEEK JALAN

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O R D E R

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% 05.12.2025

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This petition, for winding up, has been pending since 2011, with several opportunities having been afforded to the parties to settle their disputes.

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It is recorded in the order dated 28.11.2023 that the winding up proceedings have not yet commenced. Counsel for the parties were granted time to take instructions as to whether the matter can be referred to the National Company Law Tribunal [“NCLT”], in view of the judgment of the Supreme Court in Action Ispat and Power Pvt. Ltd. v. Shyam Metalics and Energy Limited [(2021) 2 SCC 641]. Learned counsel for both parties submit that such a course would be appropriate, having regard to the status of the winding up proceedings.

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CO.PET. 207/2011 Page 1 of 2

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 11:21:51

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The winding up petition is, therefore, transferred to NCLT in terms of the Companies (Transfer of Pending Proceedings) Rules, 2016. The parties will appear before the Registrar, NCLT, Principal Bench, on 19.12.2025 for further directions.

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The records be transmitted to the Registrar, NCLT, Principal Bench.

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The company petition stands disposed of from the Board of this Court.

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PRATEEK JALAN, J

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DECEMBER 5, 2025 SS/KA/

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CO.PET. 207/2011 Page 2 of 2

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/12/2025 at 11:21:51

Air India Limited v. Aryan Cargo Express Private Ltd.

Case brief

What is this about?

What did the court decide?

Air India Limited v. Aryan Cargo Express Private Ltd.

Case brief

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