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2021 Supreme(Online)(Guj) 1497

GUJARAT HIGH COURT
CHECKMATE SERVICES PRIVATE LIMITED – Appellant
Versus
KANDLA ENERGY AND CHEMICALS LIMITED – Respondent


ORAL ORDER

1.Heard learned advocate Mr.Hardik Modh for the petitioner and learned advocate Ms.Roshni Patel for the respondent.

2.These petitions are filed for winding up of the respondent-Company as it has failed to pay the debt of the petitioner under sections

433, 434 and 439 of the Companies Act, 1956.

3.This Court issued notice on 9th October, 2015. 4.Learned advocate Mr.Modh submitted that sufficient efforts are made to resolve the disputes between the petitioner and the respondent-Company but the same have failed.

5.On the other hand, learned advocate Ms.Patel appearing for the respondent-Company submitted that in view of the decision of the Apex Court in case of Action Ispat and Power Pvt Ltd. vs. Shyam Metalics and Energy Ltd. rendered in Civil Appeal No. 404 of 2020 on 15.12.2020, the proceedings of the company petition are required to be transferred to the National Company Law Tribunal [‘NCLT’ for short].

6.Having heard learned advocates for the respective parties it appears that this petition is at the notice stage and not yet admitted. The same is required to be transferred to the NCTL in view of the order passed by the Supreme Court (supra) which reads as under:

“22. Given th

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