ORDER :

Subramonium Prasad, J.

1. By order dated 14.07.2017, a learned Single Judge, has referred a question of law, to a Hon'ble Division Bench, so that an authoritative pronouncement can be given on the question. The order also states that after the Hon'ble Division Bench answers the reference, the Bench may direct the Company Court to proceed in accordance with their directions. The Question of Law referred is:

"Whether when a batch of petitions, seeking winding up on the ground of inability to pay, filed under the provisions of the Companies Act, 1956, are pending before this Court and were not expressly transferred to the NCLT, could the provisions of the IBC be invoked and applications be preferred to the National Company Law Tribunal?"

2. The facts in brief, as placed by the respondent in the company petition viz., CP No. 267 of 2015 and the applicant in Company Application Nos. 462, 463, 480 of 2017, are that one Ganesh Lal Jain has filed CP No. 267 of 2015 in this Court against the applicant viz., Vasan Health Care Private Limited, for winding up of the company under Secti