https://www.taxtmi.com/caselaws?id=781572 Pending winding-up proceedings under the Companies Act transfer to the NCLT as a mandatory rule, unless the matter has reached an irreversible stage where restoring the pre-transfer position is impossible. The controlling test is whether assets have actually been sold or the liquidation process has advanced beyond reversal. A prior co-ordinate bench decision was treated as fact-specific and not as a general exception to the Supreme Court's transfer framework. On the admitted facts, no sale of assets had taken place and a transfer application was already on record, so transfer to the Tribunal was required; the separate claim was left open for pursuit before the appropriate authority. en-us Thu, 13 Nov 2025 00:00:00 +0530 Tue, 18 Nov 2025 08:42:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=781572 Pending winding-up proceedings under the Companies Act transfer to the NCLT as a mandatory rule, unless the matter has reached an irreversible stage where restoring the pre-transfer position is impossible. The controlling test is whether assets have actually been sold or the liquidation process has advanced beyond reversal. A prior co-ordinate bench decision was treated as fact-specific and not as a general exception to the Supreme Court's transfer framework. On the admitted facts, no sale of assets had taken place and a transfer application was already on record, so transfer to the Tribunal was required; the separate claim was left open for pursuit before the appropriate authority. Case-Laws Companies Law Thu, 13 Nov 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=781572