High Court of DelhiCO.PET./1240/2016

In The Matter Of Hyacintia Real Estate Developers Private Limited & ORS. v. ....

2017-02-21Hon'Ble Mr. Justice Siddharth Mridul2 pages

$~40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 1240/2016

IN THE MATTER OF HYACINTIA

REAL ESTATE DEVELOPERS PRIVATE LIMITED & ORS.

..... Petitioners Through:

Mr. Naveen Dahiya, Advocate Mr. Rajiv Bahl, Advocate for Official Liquidator Ms. Aparna Mudium, Assistant Registrar of Companies for Regional Director (NR)

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 21.02.2017 CO.APPL.393/2017 The present application under Section 151 of the Code of Civil Procedure, 1908, filed on behalf of the applicants/petitioners prays as follows:- "(a) Issue direction for transfer of the present petition/matter to the Hon'ble National Company Law Tribunal, Principal Bench, New Delhi; and/or (b) The matter may be fixed for hearing on 22.03.2017 before Hon'ble National Company Law Tribunal, Principal Bench, New Delhi, the date already fixed by this Hon'ble Court; or (c) Pass such and further Order (s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

Notice.

Mr. Rajiv Bahl, learned counsel accepts notice on behalf of the nonapplicant/Official Liquidator. Ms. Aparna Mudium, Assistant Registrar of Companies accepts notice on behalf of the Regional Director (Northern Region). Counsel fairly do not oppose the present application. In view of the foregoing and for the reasons stated in the application, which are duly supported by an affidavit, the same is allowed. The application is disposed of accordingly.

CO.PET.1240/2016 In terms of the notification Regd. No.D.L.-33004/99 dated 07.12.2016, issued by the Ministry of Corporate Affairs and in particular, Clause 3 thereof, the present petition under Sections 391 to 394 of the Companies Act, 1956, seeking sanction to the proposed scheme of amalgamation, stands transferred to the Principal Bench, National Company Law Tribunal, New Delhi (hereinafter referred to as 'NCLT').

In the first instance, list this matter before the Principal Bench, NCLT on 22.03.2017 for further proceedings, in accordance with law. The Registry is directed to transmit the record of the present petition to the Principal Bench, NCLT, forthwith.

The date already fixed before this Court i.e. 10.03.2017 stands cancelled. SIDDHARTH MRIDUL, J FEBRUARY 21, 2017 dn