Delhi HC Directs to Transfer Winding-Up Petitions to NCLT [Read Order]
The Court deems it apposite to direct the transfer of these Petitions to the NCLT to enable an effective adjudication of all similarly situated parties.
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The Delhi HighCourt has directed the transfer of the winding-up petitions filed to the National Company Law Tribunal [“NCLT”]. The Court deems it apposite to direct the transfer of these Petitions to the NCLT to enable an effective adjudication of all similarly situated parties.
Justice Tara Vitasta Ganju observed that Section 434(1)(c) of the Companies Act, 2013 [ “2013 Act”] provides that all proceedings under the 1956 Act shall stand transferred to the NCLT.
Sh. Alok Kumar Mishra & Ors, the petitioner filed the Company Petitions under Sections 433(e), 434 and 439 of the Companies Act, 1956, [ “1956 Act”] seeking the winding up of the Respondent Company – Vigneshwara Developwell Pvt. Ltd., on the grounds of its inability to pay its debts to the Petitioner(s).
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The matter has been pending adjudication before the Court. Pursuant thereto, an Application has filed in Company Petition No. 885/2015 seeking transfer of the matter to the National Company Law Tribunal [“NCLT”], Delhi Bench. By a Judgment dated 12.09.2025 passed in Company Petition No. 885/2015. Company Petition No. 885/2015 has been transferred to the NCLT.
Section 434(1)(c) of the Companies Act, 2013 [ “2013 Act”] provides that all proceedings under the 1956 Act shall stand transferred to the NCLT. The first proviso to this Section sets out that only proceedings relating to winding up of the Company that are at the stage as may be prescribed by the Central Government shall stand transferred. The fifth proviso to this Section sets out that a party may file an application for such transfer.
This Court has, on an Application made by a party, passed a judgment dated 12.09.2025 in CO. Appl. 428/2025 in CO. PET. 885/2015 captioned Col. P. K. Uberoi (Retd.) & Anr. v. Vigneshwara Developwell Pvt. Ltd. & Ors. directing that the winding up proceedings in respect of the Respondent Company – Vigneshwara Developwell Pvt. Ltd. be transferred to the NCLT for further proceedings.
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Given that the transfer is in respect of the Respondent Company and that these Petitions have also been filed against the Respondent Company, the Court deems it apposite to direct the transfer of these Petitions to the NCLT to enable an effective adjudication of all similarly situated parties.
These Petitions are accordingly transferred to the National Company Law Tribunal. The Petitioner is at liberty to take appropriate steps in accordance with law for further proceedings before the National Company Law Tribunal. The Petitions are disposed of in the aforegoing terms.
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