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TMI Blog2020 (12) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... filed today by learned counsel for the respondent no.12, which is taken on record. 3. Heard learned counsel for the petitioners and the learned counsel for the respondent no.12 on applications dated 9.09.2019, 30.11.2019 and 30.07.2020 filed by the respondent no.12 raising objection as to the maintainability of the present Company Petition. The respondent no.12 has raised objections in the aforesaid three applications that since the Companies Act, 1956 has been repealed and a new Act i.e. The Companies Act, 2013 and Insolvency and Bankruptcy Code 2016 have been enacted, therefore, by virtue of Section 434(1)(c) of the Act 2013 read with Rule 5 of the Companies (Transfer of Pending Proceedings) Rules, 2016, the present Company Petition is not entertainable by this Court and it has to be transferred to the National Company Law Tribunal (for short "NCLT") constituted under Section 408 read with Section 410 of the Act 2013. 4. With the consent of both the learned counsels for the parties, the following questions is being framed for adjudication in the aforesaid three applications:- QUESTIONS (i) Whether in view of Section 434(1)(c) of the Companies Act 2013 read with Rule 5 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... troleum Ltd. spread in nine States, namely Madhya Pradesh, Maharashtra, Karnataka, Uttar Pradesh, Haryana, Rajasthan, Bihar, Delhi, Punjab were taken for a ride and cheated by collection of crores of rupees. According to the petitioners crores of rupees were syphoned and personal properties acquired. Various orders were passed by this Court from time to time against respondent. 12- Company and its Managing Director and his family members and also other Directors. Directions were also issued to various authorities noticing a total inaction on the part of the authorities. Some of the orders passed to which reference can be made in this regard are the orders dated 20th October and 17th November, 1997, 6th February and 20th March, 1998 and 3rd December, 2001. Various bank accounts and properties have been attached. The matter was also investigated by CBI and the Economic Offences Wing (CID) U.P. We have been informed by Shri Altaf Ahmad, learned Additional Solicitor General that 22 chargesheets were filed on 24th December, 1999 before Additional Chief Judicial Magistrate III, Lucknow. Learned Additional Solicitor General submits that primarily on account of the non-cooperation of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .1465 12. Bank of Baroda, Asharami Ahmedabad, Gujarat A/c No.30157 13. Bank of Baroda, Aliganj, Lucknow, Krishna International A/c No.316 14. Bank of Baroda, Aliganj, Lucknow, SB International Oil & Energy No.610 15. Bank of Baroda, Aliganj, Lucknow, SB Petroleum, Port Terminal A/c No.617 16. Bank of Baroda, Aliganj, Lucknow, Saushail Enterprises A/c No.618 17. Bank of Baroda, Aliganj, Lucknow, SBLPG Bottling, No.640 18. Bank of Baroda, Aliganj, Lucknow A/c No.493 19. Bank of Baroda, Aliganj, Lucknow. A/c No.6343 20. Bank of Baroda, Nishatganj, Lucknow, Shell Petroleum A/c No.1606 21. Bank of Baroda, Nishatganj, Lucknow, SB Petroleum Port Terminal A/c No.1692 22. Bank of Baroda, Nishatganj, Lucknow, SB International Oil & Energy A/c No.1623 23. Bank of Baroda, Nishatganj, Lucknow, Saushil Enterprises A/c No.1640 24. State Bank of India, Main Branch, Hajrat Ganj, Lucknow, Saurpika Investment & Properties A/c No.CC51 25. Federal Bank, 29, Vidhan Sabha Marg, Lucknow, Saushil Enterprises A/c No.1226 26. Federal Bank, 29, Vidhan Sabha Marg, Lucknow, Krishna Exim Pvt.Ltd. A/c No.1229 27. Fedral Bank, 29, Vidhan Sabha Marg, Lucknow, SB International Oil & E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lacs 5th May, 1994 10 lacs 1st June, 1994 7.5 lacs 5th October, 1994 7.5 lacs 15 lacs 10 lacs 7th September, 1994 33,70049/- September, 1994 25 lacs October 1994 7.5 lacs January, 1995 7,63,291 12th July, 1994 -Two FDRs -7.5 lacs each 11th September, 1994 15 lacs 5th October, 1994 7.5 lacs g) The Special Commissioner would insert two advertisements in the Times of India, Indian Express, Dainik Jagran or such other important newspapers having large circulation in the concerned States announcing his appointment and inviting all concerned who have deposited their money with the dealers/distributors of S.B.Petroleum Ltd. and also the concerned dealers/distributors to file their claims before the Special Commissioner within a time stipulated in the said publication. h) The Special Commissioner shall formulate a scheme whereby the consumers are repaid their deposits without insisting their personal presence before the Commissioner. The Special Commissioner would, of course, ensure that the amount reaches the right person. i) In so far as the dealers/distributors are concerned, they may file their claims before the Special Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions from the High Court in respect of the amounts in those FDRs. Before concluding we place on record this Court's deep appreciation for the services rendered by the amicus curiae Mr. AK Ganguly, Senior Advocate and Ms. Rachna Srivastava, Advocate. The writ petition and all applications are disposed of in the above terms." (ii) Vide para (a) of the aforequoted order, Hon'ble Supreme Court transferred entire papers of the aforesaid Writ Petition requesting Hon'ble the Chief Justice of this Court to constitute the Special Bench to deal with the matter and the Special Bench will appoint a retired Judge of the High Court as a Special Commissioner. (iii) The Special Commissioner, in terms of the aforequoted order of Hon'ble Supreme Court and pursuant to the orders passed by the High Court from time to time taken effective steps and did the needful to adjudicate the claims. The aforequoted writ petition was registered as PIL No.12324 of 2003 but by order dated 28.05.2019 the High Court directed the PIL to be converted into a Company petition which is the present Company Petition No.16 of 2019. (iv) Present case is not a winding up proceedings under the Companie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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