Seaways Shipping And Logistics Limited v. Cargo Planners Limited

$~88 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 165/2016 SEAWAYS SHIPPING AND LOGISTICS LIMITED ..... Petitioner Through:

Ms. Kirtika Mukesh Bura, Advocate.

versus CARGO PLANNERS LIMITED ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 06.01.2017 CO.APPL. 19/2017 (Restoration) The present application on behalf of the petitioner seeks restoration of the winding up petition which came to be dismissed in default by this court by way of order dated 02.11.2016 on account of the circumstance that neither there was any appearance on behalf of the petitioner nor notices for service of respondentcompany had been submitted for endorsement by the petitioner. The present application shows sufficient ground for restoration since it is accompanied by an affidavit of counsel for the petitioner to the effect that it was owing to their default that there was no appearance on behalf of the petitioner. In view of the foregoing, the present application is allowed. The order dated 02.11.2016 is set aside. The petition is restored to its original number. The application is disposed of accordingly.

CO.PET. 165/2016 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 5 thereof, the present winding up petition under Sections 433(1)(e), 434(1)(a) & 439 of the

Companies Act, 1956, stands transferred to the Principal Bench, National Company Law Tribunal, New Delhi (hereinafter referred to as the 'NCLT'). The Registry is directed to transmit the record of the present petition to the NCLT for further proceedings, in accordance with law. Counsel for the petitioner shall appear before the NCLT on 21.02.2017. SIDDHARTH MRIDUL, J JANUARY 06, 2017 mk