MITESH RAUT Vs. BOP PROJECTS PVT LTD

JUDGEMENT

(1.) This petition filed under Section 433 (e) of the erstwhile Companies Act, 1956 was transferred by the Hon'ble Delhi High Court to this Tribunal in pursuance of the notification dated 07.12.2016. In accordance with proviso to Rule 5 of the Companies (Transfer of Pending Proceedings) Rules, 2016 the cases where the service on the respondent was not effected were required to be transferred to the National Company Law Tribunal. In the aforesaid notification, there was no mention with regard to continuation of proceeding in the Hon'ble High Courts in cases of the aforesaid nature if some other petition(s) after notice were pending before the learned Company Judge of the Hon'ble High Court. However, on 29.06.2017 a notification has been issued amending Rule 5 of the Companies (Transfer of Pending Proceedings) Rules, 2016 and the same read as under:-

(2.) The last proviso to Rule 5 makes it abundantly clear that once the petition for winding up of a particular company is pending before the Hon'ble High Court which has not been transferred to the National Company Law Tribunal than the petition like the present one also need to be heard by the Hon'ble High Court. In view, thereof the present petition needs to be dealt with under the last proviso of amended rule as per the notification issued on 29.06.2017.

(3.) The Petitioner has filed an additional affidavit on 17.07.2017. In para 4 a specific averment has been made disclosing that Company Petition No. 376/2016 titled as Farha Nairn v. BOP Projects Private Limited is still pending before the Hon'ble Delhi High Court and the next date of hearing is 09.08.2017. Therefore, the present petition would also require to be heard by the Hon'ble Delhi High Court alongwith already pending petition namely Company Petition No. 376/2016.