Jayant Nath, J.

CA 1025/2018

1. This application is filed by Mr. Chandra Shekhar who is said to have booked a commercial space in one of the projects of the respondent company seeking appropriate orders for transferring of the present petition to NCLT. The applicant states that he has also moved an application under section 7 of the Insolvency and Bankruptcy Code, 2016 before NCLT on which NCLT on 25.5.2018 has passed orders appointing IRP (Interim Resolution Professional). Hence, it is prayed that this petition be transferred to NCLT.

2. The petitioner has filed her reply in court. The same is taken on record and is sent to the Registry for scanning.

3. Learned counsel for the applicant has relied upon judgment of the Division Bench of the Bombay High Court in Jotun India Private Limited vs. PSL Limited, 2018 SCC Online Bom 1952 to contend that the Insolvency Code would have precedence over the Companies Act, 1956 and that as per the said judgment, where revival/resolution proceedings are initiated, NCLT would have precedence. However, he submits that to avoid any conflict it would be in the interest of justice that this court may in exercise of powers under proviso to secti