(1.) Munish Kumar Garg, Advocate has filed Memo of Appearance for the respondent-company and seeks time to file Power of Attorney along with the resolution of Board of Directors giving authority to appear in this case. Let the same be filed by the next date.
(2.) This case was filed in the Hon'ble Punjab and Haryana High Court under Section 433 (e) of the Companies Act, 1956 for winding up of the respondent-company for its inability to pay the debt. This petition has been received by transfer from the Hon'ble Punjab & Haryana High Court, Chandigarh in terms of Rule 5 of the Companies (Transfer of Pending Proceedings) Rules, 2016. The instant petition is to be treated as application under Sections 8 or 9 of the Insolvency and Bankruptcy Code, 2016. Learned counsel for the petitioner seeks to move application in the format provided in Insolvency and Bankruptcy Code, 2016. However, the compliance is to be made within 6 months period w.e.f. 15.12.2016 as per the Rules and amended Companies (Transfer of Pending Proceedings) Amendment Rules, 2017. The matter be now listed on 04.07.2017 and in case the compliance is not made the instant petition shall stand automatically abated.