M/S Ncc Limited v. M/S Golden Jubilee Hotels Private Limited
THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM COMPANY PETI TI ON No.266 of 2015 ORDER:
This Company Petition is filed under Sections 433, 434 and 439(1) of the Companies Act, 1956, seeking winding up of respondent-company (M/s Golden Jubilee Hotels Private Limited).
At the hearing, learned counsel for the respondent-Company has brought to the notice of the Court that a petition viz., CP(IB) No.248/7/HDB/2017, under Section 7 of Insolvency and Bankruptcy Code (IBC), 2016, read with Rule 4 of I&B (AAA) Rules, 2016, has been filed before the National Company Law Tribunal (NCLT), Hyderabad Bench, and same is pending.
As can be seen from the order passed by the NCLT on 27.02.2018, an Interim Resolution Professional (IRP) has been appointed, and the resolution plan is pending before NCLT. As the petitioner has already made claim before the IRP, nothing survives in the present company petition. Accordingly, the company petition is closed, leaving it open to the parties to work out their remedies as available under law. No costs. Miscellaneous petitions, if any pending, shall also stand closed. _____________________ CHALLA KODANDA RAM, J 22nd November, 2019 KSM
cp_266_2015 CKR, J THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM COMPANY PETI TI ON No. 266 of 2015 22nd November, 2019 KSM