Amit Verma v. Niho Construction Ltd & ORS.

$~ C-10 to 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.PET. 402/2014 & CO.APPL. 783/2024 DR. ANIL MISRA .....Petitioner versus NIHO CONSTRUCTION LIMITED .....Respondent + CO.PET. 432/2014 & CO. APPL. 845/2018 AMIT VERMA .....Petitioner

Versus

NIHO CONSTRUCTION LTD & ORS.

.....Respondents + CO.PET. 433/2014 VIKSA AMIT SINGH .....Petitioner versus NIHO CONSTRUCTION LTD & ORS.

.....Respondents + CO.PET. 434/2014 & CO.APPL. 400/2018 SHISHUPAL SINGH RAWAT .....Petitioner versus NIHO CONSTRUCTION LTD & ORS.

.....Respondents + CO.PET. 435/2014 & CO.APPLs. 398/2018, 238/2023 SRINIVASAN SESHADRI .....Petitioner versus NIHO CONTRUCTION LTD & ORS.

.....Respondents + CO.PET. 27/2015 & CO.APPL. 130/2015, 131/2015, 1251/2015 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

SOBHA LTD.

.....Petitioner versus NIHO CONSTRUCTION LTD.

.....Respondent Appearances:

Mr. M.A. Niyazi, Ms. Kriti Bhardwaj, Ms. Nehmat Sethi, Advocates for respondents.

Mr. Rajaram C. Iyer, Advocate for petitioner in item Nos. 10 to 14.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 30.10.2025 1.

By order dated 16.04.2024, passed in these six petitions, it was recorded as follows:

"4. Learned counsels for the parties are apprised that in view of the fact that the present winding up of the proceedings have been a complete non-starter and a Provisional Liquidator is yet to be appointed by this Court, in view of the decision by the Supreme Court in the case of Action Ispat & Power (P) Ltd. v. Shyam Metalics & Energy Ltd., (2021) 2 SCC 641, these matters would be required to be transferred to the NCLT. Learned counsels for the parties request time to seek instructions."

2.

As far as CO.PET. 27/2015 is concerned, the petitioner remains unrepresented, and the position has been the same on the last two dates of hearing. In the present case, Mr. M.A. Niyazi, learned counsel for the respondent, submits that the petition is liable to be transferred to the National Company Law Tribunal ["NCLT"].

3.

As far as the other five petitions are concerned, although Mr. Niyazi accepts that the jurisdiction has been vested in the NCLT, he submits that the petitions are not maintainable at the instance of the present petitioners, as they are not creditors of the company. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Having regard to the fact that the jurisdiction lies with the NCLT, the contention regarding the maintainability of the petitions will also have to be raised before the NCLT.

5.

Consequently, these petitions are transferred to the NCLT for further proceedings. The parties shall appear before the Registrar of the NCLT on 26.11.2025 for further proceedings.

PRATEEK JALAN, J OCTOBER 30, 2025 'Bhupi'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.