Anoop Shankar Madan v. A. N. Buildwell Private Limited

$~1 & 3-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.PET. 649/2014 & CA No.2422/2014 ANOOP SHANKAR MADAN ..... Petitioner Mr.Sayed Aquib Ali and Mr.Manik, Advocates.

+ CO.PET. 782/2015 MS. KOMAL PASSI & ANR.

..... Petitioners Mr. Sanjeev Kumar Tyagi, Advocate.

+ CO.PET. 866/2015 & CA No.3446/2015 B.L.GUPTA CONSTRUCTION (P) LTD.

..... Petitioner Mr.Jeevesh Nagrath, Mr.Shobit Phutela, Ms. Monica Chug Manchanda and Mr.Chetan Gautam, Advocates.

+ CO.PET. 217/2016 & CA Nos.918-19/2016 SCHNEIDER ELECTRIC INDIA PVT. LTD., ..... Petitioner Mr.Manish K. Srivastava and Ms.Sanjana Saddy, Advocates.

+ CO.PET. 288/2016 & CA Nos.1247-48 & 1254 of 2016 AHLCONS INDIA PVT. LTD.

..... Petitioner Mr.Shashank Garg and Mr.Tariq Khan, Advocates.

+ CO.PET. 316/2016 & CA Nos.1378-79/2016 KUSUM LATA SINGHAL & ANR.

..... Petitioners Mr.Manish Misra, Advocate.

+ CO.PET. 411/2016 & CA Nos.1767 & 1769 of 2016 ROHIT MADAN ..... Petitioner Mr.Akash Vajpai, Advocate.

CORAM:

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

O R D E R

% 29.07.2016 These petitions that have been moved under Sections 433 and 434 (1) (a) of the Companies Act, 1956, seeking winding up of the respondentcompany/ A.N. Buildwell Pvt. Ltd. are, inter alia, predicated on the alleged non-payment of various sums of money which include principal amounts stated to have been paid by the petitioners as well as assured returns in terms of contracts stated to have been concluded by the company with the petitioners, inter alia, assuring them monthly payment at separate rates. Counsel for the Official Liquidator points out that on 08.03.2016 in CO. PET. No.704/2014 filed by Mr. Amarpreet Singh Oberoi and Others seeking winding up of the respondent company, the Official Liquidator attached to this Court has been appointed as Provisional Liquidator of the company.

Under the circumstances, no further orders are required to be passed in this matter.

Counsel for the petitioners also seek to withdraw these petitions and to file appropriate claims before the Official Liquidator as and when such claims are invited.

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 company with a view to assisting the Official Liquidator in finalizing the Statement of Affairs of the Company; and in carrying out his duties, while making it clear that any such information to the Official Liquidator by the petitioners would not ipso facto amount to the institution of any claim before the Official Liquidator, which can only be filed in accordance with the relevant Rules and at the appropriate stage.

These petitions are disposed off accordingly. All pending applications also stand disposed off.

SUDERSHAN KUMAR MISRA, J.

JULY 29, 2016 sb