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2019 (9) TMI 1655 - HC - Companies LawSeeking transfer of the company petition to National Company Law Tribunal Bench at Ahmedabad for initiation of Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016, during the pendency of petition filed under Section 433(e) of the Companies Act, 1956 - HELD THAT:- The judgment in FORECH INDIA LTD. VERSUS EDELWEISS ASSETS RECONSTRUCTION CO. LTD. [2019 (1) TMI 1442 - SUPREME COURT] makes it very clear that in a winding up petition, even in which, notice has been served, any person could apply for transfer of such petition to NCLT under the Insolvency and Bankruptcy Code, 2016 and the same would and have to be transferred by the High Court to the adjudicating authority and treated as insolvency petition under the Code. In the considered opinion of this Court, the learned Company Judge has rightly transferred the company petition to NCLT. The judgment delivered in the case of Forech India Limited is a direct judgment on the issue, which is involved in the present company appeal. Hence, this Court does not find any reason to interfere with the order passed by the learned Company Judge. The admission is declined.
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