JUDGMENT :

V. RAMASUBRAMANIAN, J.

1. Leave granted.

2. Aggrieved by an order passed by the Company Court (High Court of Allahabad), refusing to transfer the winding up petition pending therein, to the National Company Law Tribunal (NCLT for short), a financial creditor has come up with this appeal.

3. Heard Mr. Huzefa Ahmadi, learned senior counsel appearing for the appellant, Mr. A.N.S. Nadkarni, learned senior counsel appearing for the 1st respondent-corporate debtor and G.P. Capt. Karan Singh Bhati, learned counsel appearing for the official liquidator.

Background Facts

4. One M/s Girdhar Trading Co. the 2nd respondent herein, filed a petition in Company Petition No. 24 of 2015 before the High Court of Allahabad under Section 433 of the Companies Act, 1956, for the winding up of the first respondent company, on the ground that the Company was unable to pay its debts. The Company Court ordered notice to the 1st respondent herein, but the 1st respondent failed to appear before the Company Court.

5. Therefore, by an order dated 08.01.2016 the Company Court ordered the admission of t