TMI Blog2019 (3) TMI 1939X X X X Extracts X X X X X X X X Extracts X X X X ..... not denude the NCLT of its jurisdiction under the provisions of Insolvency Bankruptcy Code which are considered to be an independent proceeding. Therefore, in view of the aforesaid legal position no doubt is left that the petition could not have been disposed of on the ground of that Hon'ble High Court where has appointed the Provisional Liquidator in a winding up petition. The order is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in CP. No. 814/2016 titled as Brijesh Gupta Ors. v. Premia Projects Ltd. vide order dated 21.01.2019. However, at that stage the principles laid down by Hon'ble the Supreme Court in the case of Forech India Ltd. v. Edelweiss Assets Reconstruction Company Ltd. (Civil Appeal No. 818/2018 decided on 22.01.2019) were not placed before us. In the aforesaid judgment Hon'ble the Supreme Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l provision cannot in any way affect the remedies available to a person under IBC, vis-a-vis the company against whom a winding up petition is filed and retained in the High Court, as the same would amount to treating IBC as if did not exist on the statute book and would deprive persons of the benefit of the new legislation. This is contrary to the plain language of IBC. If the contentions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an independent proceeding. Therefore, in view of the aforesaid legal position no doubt is left that the petition could not have been disposed of on the ground of that Hon'ble High Court where has appointed the Provisional Liquidator in a winding up petition. As a sequel to the above discussion the order dated 30.01.2019 is recalled. As a necessary consequence the CP. No. (IB)-104(PB)/2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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