C.A. No.-003735-003735 / 2020. M/S KALEDONIA JUTE AND FIBRES PVT. LTD. vs M/S AXIS NIRMAN AND INDUSTRIES LTD. Supreme Court, 19-11-2020

Court:Supreme Court (India)
Judge:HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.S. BOPANNA, HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
Writing for the Court:HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3735 OF 2020
(Arising out of Special Leave Petition (Civil) No.5452 OF 2020)
M/S KALEDONIA JUTE AND
FIBRES PVT. LTD. … APPELLANT(S)
VERSUS
M/S AXIS NIRMAN AND
INDUSTRIES LTD. & ORS. … RESPONDENT(S)
J U D G M E N T
V. Ramasubramanian, J.
1. Leave granted.
2. Aggrieved by an order passed by the Company Court (High
Court of Allahabad), refusing to transfer the winding up petition
pending therein, to the National Company Law Tribunal (NCLT for
short), a financial creditor has come up with this appeal.
3. Heard Mr. Huzefa Ahmadi, learned senior counsel appearing
for the appellant, Mr. A.N.S. Nadkarni, learned senior counsel
appearing for the 1st respondent-corporate debtor and Gp. Capt.
Digitally signed by
Madhu Bala
Date: 2020.11.19
14:44:56 IST
Reason:
Signature Not Verified
2
Karan Singh Bhati, learned counsel appearing for the official
liquidator.
Background Facts
4. One M/s Girdhar Trading Co., the 2nd respondent herein, filed
a petition in Company Petition No.24 of 2015 before the High Court
of Allahabad under Section 433 of the Companies Act, 1956, for the
winding up of the first respondent company, on the ground that the
Company was unable to pay its debts. The Company Court ordered
notice to the 1st respondent herein, but the 1st respondent failed to
appear before the Company Court.
5. Therefore, by an order dated 08.01.2016 the Company Court
ordered the admission of the Company Petition and also directed
publication of the advertisement of the petition in accordance with
Rule 24 of the Companies (Court) Rules, 1959. Pursuant to the said
order, the 2nd respondent herein (petitioning creditor) effected a
publication of the advertisement in the Official Gazette in Form No.
48 on 30.01.2016. Newspaper publications were also made,
indicating the date of hearing of the Company Petition as
29.02.2016.

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