Delhi High Court Transfers Winding-Up Petitions Against Vigneshwara Developwell Pvt Ltd To NCLT

The Delhi High Court has transferred winding-up petitions filed against Vigneshwara Developwell Pvt Ltd to the NCLT. The petition was filed under Sections 433(e), 434, and 439 of the Companies Act, 1956, seeking winding up of the respondent company due to its inability to pay the debt of the petitioner. During the pendency of the petition, an application was filed for the transfer of the matter to NCLT, New Delhi and the court was pleased to transfer the matter. The Companies Act, 2013, under section 434(1)(c), provides that the proceedings that are pending under the Act of 1956 shall stand transferred to the NCLT. However, the first proviso to the same section prescribes that only those proceedings related to the winding up of the company shall be transferred, which would be at the stage as prescribed by the central government. The bench, presided over by Justice Tara Vitasta Ganju, observed that this court had passed a judgment directing the winding up of the respondent company to be transferred to the NCLT. The said judgment was passed on an application made by a party in Col. P. K. Uberoi (Retd.) & Anr. v. Vigneshwara Developwell Pvt. Ltd. & Ors. Further, the bench observed that since the present application is also related to the transfer of winding-up proceedings of the respondent company to the NCLT, it would be appropriate to transfer these petitions as well so as to enable the effective adjudication of the matters. Lastly, the court granted liberty to the petitioner to proceed further with the proceedings of NCLT in accordance with law. Case Name: Sh. Alok Kumar Mishra & Ors. v. M/s Vigneshwara Developwell Pvt. Ltd. & Ors.Citation: 2025 LiveLaw (Del) 1142 Case No.: CO.PET. 740/2014 Bench: Hon'ble Ms. Justice Tara Vitasta Ganju Judgment Date: 12.09.2025 Click Here To Read/Download The Order

Delhi High Court Transfers Winding-Up Petitions Against Vigneshwara Developwell Pvt Ltd To NCLT

Mohd.Rehan Ali

Tags