JUDGMENT

The instant petition has been filed under Section 375 of the Companies Act 2013 (hereinafter referred to as the “Act”) read with Rule 11 of the National Company Law Tribunal Rules, 2016 (hereinafter referred to as (“ NCLT Rules”) seeking directions to order the provisional winding up of the Respondent Association of Persons registered as Trust and to appoint a provisional liquidator for the Respondent till making of the final winding up order, to make an order for the winding up of the Association of persons registered as Trust and to appoint an administrator of the Associations of Persons registered as Trust.

2. The brief facts of the case stated in the petition are as follows:-

2.1. The Respondent is "Trust" which was initially created as an unregistered Trust and the date of its creation is not known. However, the said Trust executed an agreement with the petitioner on 12.12.2019 and thus apparently the Trust was created prior to 2019. However, it was registered in terms of "Deed of Declaration of Public Charitable Trust" and is thus an association of persons within the meaning of Section 375 of the Companies Act, 2013. The Petitioner has fulfilled all conditions mentioned