DATTATRAY GOKHALE Vs. ABW INFRASTRUCTURE LTD

JUDGEMENT

(1.) Learned counsel for the petitioner has placed on record a copy of the order dated 14.03.2017 passed by Hon'ble Delhi High Court and has apprised the Tribunal with regard to pendency of winding up petition pending before the Hon'ble Delhi High Court namely Co.PET. No. 961/2015 (Meera Nayar v. ABW Infrastructure Ltd.) .

(2.) A copy of the order Is taken on record. It shows that the matter is posted for hearing on 28.08.2017 where ABW Infrastructure Limited is a party respondent.

(3.) In view of the above, we dispose of the petition with the observation that this petition may be forwarded to Hon'ble Delhi High Court as insolvency process under the Insolvency and Bankruptcy Code, 2016 cannot be triggered in the face of the winding up proceeding pending before the Hon'ble Delhi High Court, We have already expressed our view in the case of Neetu Patro v. lyogi Technical Services Pvt Ltd., C.P. No. (IB) -85(PB) /2017 decided on 24.05.2017 that in cases where winding up proceedings are pending against a Company, then it would not be conducive for the Tribunal to trigger insolvency process against that very company as there is likelihood of conflict between the two statutory entities, namely Official Liquidator and the Insolvency Resolution Professional.