2023 (10) TMI 1220

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....t the Respondent No.1 had placed a bid and had taken possession of a built-up office space and the ground and first floor, in the east side of commercial complex called NBCC Plaza, Pushp Vihar, Sector V, New Delhi, measuring 78,350 sq. ft. along with 81 car parking spaces in the basement and 37 pen car parking spaces on the ground floor. The maintenance charges were to be paid by the Respondent No.1 in terms of the tender document. 4. The case of the Petitioner is that the Respondent No.1 started defaulting in the said maintenance charges and a total amount of more than Rs.16 crores at the time when the petition was filed. The NBCC is also claiming electricity and ground rent charges. 5. The petition was filed some time in 2015 and since ....

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....ng sixty days; and (c) all proceedings under the Companies Act, 1956 (1 of 1956), including proceedings relating to arbitration, compromise, arrangements and reconstruction and winding up of companies, pending immediately before such date before any District Court or High Court, shall stand transferred to the Tribunal and the Tribunal may proceed to deal with such proceedings from the stage before their transfer: Provided that only such proceedings relating to the winding up of companies shall be transferred to the Tribunal that are at a stage as may be prescribed by the Central Government. Provided further that only such proceedings relating to cases other than winding-up, for which orders for allowing or otherwise of the proceedi....

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....dmitted. Thus, in a winding up proceeding where the petition has not been served in terms of Rule 26 of the Companies (Court) Rules, 1959 at a preadmission stage, given the beneficial result of the application of the Code, such winding up proceeding is compulsorily transferable to the NCLT to be resolved under the Code. Even post issue of notice and pre admission, the same result would ensue. However, post admission of a winding up petition and after the assets of the company sought to be wound up become in custodia legis and are taken over by the Company Liquidator, section 290 of the Companies Act, 2013 would indicate that the Company Liquidator may carry on the business of the company, so far as may be necessary, for the beneficial windi....