V.BALAKRISHNA Vs. IDEB PROJECTS PRIVATE LIMTED

JUDGEMENT

(1.) There is no dispute that the respondent-Company has been ordered to be wound-up by the National Company Law Tribunal ('NCLT' for short) vide order dtd. 8/11/2019 subsequent to the resolution plan being unsuccessful.

(2.) If that be so, if once winding up order has been passed by NCLT, there would be no purpose served by this Court continuing with the above matter.

(3.) Needless to say that claim of the petitioners in this matter would have to be adjudicated in the winding up proceedings ordered by NCLT. The petitioners are permitted to lodge their claim for adjudication in the said proceedings, if not already lodged. The claim of the petitioners to be taken into consideration from the date on which the notice under Sec. 434 of the Companies Act, 1956 was issued to the respondent-Company and also the date on which the above proceedings were filed, insofar as the aspect of limitation is concerned.