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2019 (1) TMI 1702 - MADHYA PRADESH HIGH COURTTransfer of Company petition to NCLT - service of Form No. 6 - HELD THAT:- It was held in the case of FORECH INDIA LTD. VERSUS EDELWEISS ASSETS RECONSTRUCTION CO. LTD. [2019 (1) TMI 1442 - SUPREME COURT] that the mere fact that post notice winding up proceedings are to be “dealt with” in accordance with the provisions of the Companies Act, 1956, does not bar the applicability of the provisions of IBC in general to proceedings validly instituted under IBC, [nor] does it mean that such proceeding can be suspended. Since the insolvency petition is already pending before the NCLT and this petition has not been admitted and a prayer has been made for transferring this Company petition to the NCLT by learned counsel for respondent, therefore, in terms of the aforesaid judgment in the case of Forech India Ltd, the prayer is allowed and the company petition is transferred to the NCLT.
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