https://www.taxtmi.com/caselaws?id=344714 Clause 5 of the Companies (Transfer of Pending Proceedings) Rules, 2016 was construed as a conjunctive provision limiting transfer of winding up petitions to matters that were both pending and not yet served on the respondent. The phrase requiring that the petition had not been served was treated as a qualifying condition, not surplusage, and the Removal of Difficulties Order did not alter that reading. On that interpretation, a winding up petition under section 433(e) of the Companies Act, 1956, where service had already been effected, was not liable to be transferred to the National Company Law Tribunal. en-us Thu, 12 Jan 2017 00:00:00 +0530 Wed, 03 Jan 2018 12:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=344714 Clause 5 of the Companies (Transfer of Pending Proceedings) Rules, 2016 was construed as a conjunctive provision limiting transfer of winding up petitions to matters that were both pending and not yet served on the respondent. The phrase requiring that the petition had not been served was treated as a qualifying condition, not surplusage, and the Removal of Difficulties Order did not alter that reading. On that interpretation, a winding up petition under section 433(e) of the Companies Act, 1956, where service had already been effected, was not liable to be transferred to the National Company Law Tribunal. Case-Laws Insolvency and Bankruptcy Thu, 12 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=344714