IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
M/s Alliance Prosys India Private Limited – Appellant
Versus
M/s Speck Systems Private Limited – Respondent
CP 37/2012
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD COMPANY PETITION No.37 of 2012 DATE: 27.01.2026 Between:
M/s. Alliance Prosys India Private Limited.
...Petitioner AND M/s. Speck Systems Private Limited, A company incorporated under the Companies Act, 1956, Having its registered office at B-49, Electronics Complex, Kushaiguda, Hyderabad represented by its Director.
…Respondents
ORDER
This Company Petition is filed under Section 433 (e) & (f) read with Sections 434(1) (a) and 439 of the Companies Act, 1956, seeking winding up of the respondent-company and for settlement of the dues of the petitioner.
2. This matter has been listed today for the first time after 2021 i.e., after a long period of nearly five years.
3. Learned counsel for the petitioner submitted that in the meantime, another creditor, IDBI Bank, has approached the National Company Law Tribunal (NCLT) against the respondent company and the NCLT is seized of the matter and has ordered winding up of the respondent-company and has also appointed a Resolution Professional for the said purpose. The winding up is under process. He therefore submitted that the present petition cannot be proceeded with at this stage and the petitioner may be given liberty to file a claim petition before the Official Liquidator appointed by the NCLT vide proceedings dated 20.12.2023 in IA (IBC)/1774/2023 in CP(IB)No.06/7/HDB/2019.
4. Learned counsel for the respondent submitted that the Company Petition has become infructuous as the case of winding up of the company is before the NCLT.
5. Having regard to the material on record, particularly the order of the NCLT in IA (IBC)/1774/2023 in CP(IB)No.06/7/HDB/2019 dated 20.12.2023, this Court is inclined to close this Company Petition with liberty to the petitioner to approach the Liquidator appointed by NCLT or avail any other alternative remedy available under law.
___________________________
COMPANY PETITION No.37 of 2012
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