M/S Intercontinental Consultant & Technocrats Pvt Ltd v. M/S Vigneshwara Developers Pvt Ltd
$~10, 13, 14, 15, 17, 21, 27, 31, 34, 35, 36, 37, 46, 50, 61, 63, 68, 69 * IN THE HIGH COURT OF DELHI AT NEW DELHI CO.PET. 601/2013 M/S INTERCONTINENTAL CONSULTANT & TECHNOCRATS PVT LTD Mr. Anish Dayal and Sidharth Vaid, Advocates. M/S VIGNESHWARA DEVELOPERS PVT LTD ..... Respondent CO.PET. 760/2014 SH. BHARAT SINGH M/S VIGNESHWARA DEVELOPERS PVT. LTD. ..... Respondent CO.PET. 793/2014 SMT. RAJWATI & ORS Ms. Anju Jain, Advocate.
M/S VIGNESHWARA DEVELOPERS PVT. LTD. & ORS.
CO.PET. 136/2015 TARINI AHLAWAT VIGNESHWARA DEVELOPERS PVT. LTD & ORS CO.PET. 198/2015 SHRI SANJEET KUMAR VIGNESHWARA DEVELOPERS PVT. LTD. &ORS CO.PET. 257/2015 SHRI GULAB
VIGNESHWARA DEVELOPERS PVT. LTD. & ORS CO.PET. 307/2015 SHRI RANDHIR SINGH VIGNESHWARA DEVELOPERS PVT. LTD. & ORS.
CO.PET. 376/2015 MS. SAVITRI AHLAWAT VIGNESHWARA DEVELOPERS PVT. LTD.& ORS.
CO.PET. 379/2015 MS. DHARAMWATI
VIGNESHWARA DEVEPLOPERS PVT.LTD. & ORS CO.PET. 388/2015 SHRI. VISHAL G. VERMA VIGNESHWARA DEVELOPERS PVT.LTD.& ORS.
CO.PET. 389/2015 SHRI PABITRA KUMAR TALUKDAR VIGNESHWARA DEVELOPERS PVT. LTD.& ORS
CO.PET. 390/2015 SHRI RANBIR SINGH VIGNESHWARA DEVELOPERS PVT. LTD. & ORS.
CO.PET. 412/2015 SHRI SATISH KUMAR VIGNESHWARA DEVELOPERS PVT. LTD. & ORS.
CO.PET. 431/2015 MR. MAHABIR VIGNESHWARA DEVELOPERS PVT. LTD. & ORS.
CO.PET. 506/2015 MRS. URMILA YADAV & ORS.
..... Petitioners VIGNESHWARA DEVELOPERS PVT. LTD. & ORS.
CO.PET. 555/2015 MALTI BHATNAGAR VIGNESHWARA DEVELOPERS PVT. LTD. & ORS.
CO.PET. 903/2015 ARUN SINGH Mr. R. K. Choudhary, Advocate.
VIGNESHWARA DEVELOPERS PVT. LTD.
CO.PET. 907/2015 ARUN SINGH [HUF] Mr. R. K. Choudhary, Advocate.
VIGNESHWARA DEVELOPERS PRIVATE LIMITED
CORAM:
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
O R D E R
% 22.07.2016 All these petition seeking winding up of the respondent, VIGNESHWARA DEVELOPERS PRIVATE LIMITED, are, inter alia, predicated on the alleged non-payment of various sums of money, which according to the petitioners, have remained unpaid despite service of notice of winding up on the registered office of the respondent company; and to which, no reply has been given by the respondent. Counsel for the Official Liquidator, who is present in Court, points out that in another Co.Pet. No.534/2015, titled SH. NARESH CHAND GUPTA & ANR. v. VIGNESHWARA DEVELOPERS PVT. LTD, also
seeking winding up of the respondent company, the Official Liquidator attached to this Court has been appointed as the Provisional Liquidator of the company.
Under the circumstances, no further orders are required to be passed in these matters.
Counsel for the petitioners seek to withdraw their respective petitions and to file an appropriate claim before the Official Liquidator as and when such claims are invited. They are permitted to do so. 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 to intimate the Official Liquidator about the relevant particulars of the petitioners' dues from the respondent company in each of the matters with a view to assisting the Official Liquidator in finalizing the statement of affairs of the company in liquidation and carrying out his duties; whilst making it clear that any such information to the Official Liquidator by the petitioners in these matters would not ipso facto amount to the institution of any claim before the Official Liquidator, and it can only be filed in accordance with the relevant Rules and at the appropriate stage.
All the petitions, along with interim applications, stand disposed off. SUDERSHAN KUMAR MISRA, J JULY 22, 2016 dr