Alankar Infra Projects Private Limited v. Assotech Limited And Others

$~2 to 5, 9, 10, 11, 12, 13, 15, 16, 18 to 23, 25 & 26 * IN THE HIGH COURT OF DELHI AT NEW DELHI CO.PET. 73/2015 ALANKAR INFRA PROJECTS PRIVATE LIMITED ..... Petitioner Mr. Manan Batra, Advocate.

ASSOTECH LIMITED AND OTHERS ..... Respondents CO.PET. 111/2015 MRS. SHWETA BHARGAVA Mr. Manan Batra, Advocate.

ASSOTECH LIMITED & ORS.

..... Respondents CO.PET. 117/2015 MRS. USHA RANI ROHILA Mr. Manan Batra, Advocate.

ASSOTECH LIMITED & ORS.

..... Respondents CO.PET. 138/2015 RKS DISTRIBUTORS PVT. LTD.

Mr. Abhimanyu Bhandari and Ms. Naveneet S.

Sehgal, Advocates.

CO.PET. 422/2015 RANJINI SETH Mr. Parag Chawla and Ms. Ruchi, Advocates.

CO.PET. 433/2015 JATIN BHALLA Ms. Neelam Rathore, Mr. Maninder Singh and D. Takiar, Advocates.

CO.PET. 434/2015 MOHIT BHALLA Ms. Neelam Rathore, Mr. Maninder Singh and D. Takiar, Advocates.

CO.PET. 640/2015 MRS. MANORAMA BHALLA & ANR.

..... Petitioners Mr. R. Vasanth and Mr. Sahil Sangar, Advocates.

CO.PET. 641/2015 MR. HARDEV BHALLA AND ANR.

..... Petitioners Mr. R. Vasanth and Mr. Sahil Sangar, Advocates. CO.PET. 697/2015 MR. RAMANJIT CHUGH Mr. Parag Chawla and Mr. Aman Kalra, Advocates.

CO.PET. 768/2015 RANVIR SINGH Mr. Ranvir Singh, Advocate.

ASSOTECH LTD. & ORS.

..... Respondents CO.PET. 772/2015 MASH ADVERTISING PRIVATE LIMITED Mr. Bhuvanesh Sehgal and Mr. Anubhav Bhasin, Advocates.

CO.PET. 777/2015 B JAIN EXPORTS (I) PVT. LTD.

Mr. Bharat Sood, Advocate.

CO.PET. 104/2016 PUNAM MALHOTRA Ms. Punam Malhotra and Mr. Ruchira Choudhary, Advocates.

CO.PET. 145/2016 SONIA SHARMA Mr. K. P. Mavi, Advocate.

CO.PET. 351/2016 K C FIBERS LTD

Mr. Ruchira Choudhary, Advocate.

CO.PET. 403/2016 NITYA ELECTROCONTROLS PVT. LTD.

Mr. Rajesh Benati and Mr. Vikram Singh, Advocates.

ASSOTECH LIMITED.

CORAM:

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

O R D E R

% 20.07.2016 These petitions seeking winding up of the respondent company are, inter alia, predicated on the alleged non-payment of separate debts claimed

by the petitioners as having remained outstanding and unpaid despite service of notice of winding up of the registered office of the company. These matter have been listed repeatedly over a period of one year or so, and today counsel for some of the parties state that the parties have reached settlements before the Mediation Centre, which settlements are in the process of being worked out. Some other settlements in like manner are also stated to have been concluded out of court. Be that as it may, counsel for the Official Liquidator, who is present in Court, points out that on 08.02.2016, the Official Liquidator attached to this Court was appointed as Provisional Liquidator in Company Petition No.357/2015 filed by Manmohan Singh Bhalla against the respondent company.

Under the circumstances, no further orders are required to be passed in these matters.

At the same time, it would be open to the petitioners to take recourse to Rule 101 of the Companies (Court) Rules, 1959 in case they are so advised. It would also be open to the petitioners in all these matters to indicate the Official Liquidator about the relevant particulars of their dues from the company in liquidation with a view to assisting the Official Liquidator in finalizing the statement of affairs of the company and carrying out his duties; whilst making it clear that any such information to the Official Liquidator would not ipso facto amount to institution of claim before the Official Liquidator, and the claim can only be filed in accordance with law and applicable Rules at the appropriate stage. Further, it goes without saying that in case any application sought to be moved by the company in liquidation under Section 391 of the Companies Act, 1956 in

Company Petition No.357/2015, the said application and the Scheme propounded thereunder would take into account the extant status of all the creditors of the company, including the instant petitioners and the state of affairs of the company.

These petition, along with all pending applications, stand disposed off accordingly. Next date of 08.08.2016 in CP Nos.433/2015 and 434/2015 stands cancelled.

SUDERSHAN KUMAR MISRA, J JULY 20, 2016 dr