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2017 (6) TMI 985 - HC - Insolvency and BankruptcyTransfer of pending winding up petitions to NCLT - Held that:- Though the starting sentence refers to all pending petitions relating to winding up on the ground of inability to pay debt as a condition for transfer to the NCLT, it is a conjunctive sentence, the later part of which specifies or refers to a situation where the petition has not been served on the respondent as required under Rule 26 of the Companies (Court) Rules, 1959. Petitions, which have been filed but not served, would also come within the ambit of the all encompassing expression used in the first two words of the aforesaid provision. In my opinion, however, since all the petitions have been qualified with the expression “where the petition has not been served …”, only those petitions, filed in the Court but service thereof have not been effected on the respondent, shall stand transferred We do not contemplate transfer of winding up petitions which are pending before this Court in respect of which service has already been made.
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