Jammu & Kashmir High Court - Srinagar Bench
Abdul Hamid Khan vs Ghulam Hassan Mir & Ors on 1 October, 2021
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 06
Regular Causelist
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
OS No. 411/1987
IA No. 01/2014 [01/2014]
Abdul Hamid Khan.
..... Petitioner(s)
Through: -
Mr Z.A. Qureshi, Senior Advocate with
Ms Razia Amin, Advocate.
V/s
Ghulam Hassan Mir & Ors.
..... Respondent(s)
Through: -
Mr Aaatir Javed Kawoosa, Advocate with
Mr Musharraf W. Baba, Advocate.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
ORDER
01.10.2021 When this matter was taken up for consideration, Mr Z.A. Qureshi, learned senior counsel appearing on behalf of petitioner, with reference to application of section 456 of the Companies Act, 2013, sought transfer of the petition to the National Companies Law Tribunal (NCLT), which is resisted by Mr Aatir Javed Kawoosa, learned appearing counsel for the respondents, on the ground that the proceedings have abated on the death of the petitioner and neither the legal heirs of the petitioner have been brough on record nor there is any transposition of one of the respondents as petitioner, which is the requirement of law.
The Court is not considering the maintainability of the petition now but in view of the changed circumstances but is only in view of application of section 456 of Companies Act, 2013, transferring the case to the National Companies Law Tribunal (NCLT) for further proceedings.
In view of the above, this case is transferred to the National Companies Law Tribunal (NCLT) for further proceedings. Registry shall transfer the records of the case to the National Companies Law Tribunal (NCLT), by retaining a copy thereof. The parties are directed to appear before the National Companies Law Tribunal (NCLT) on 28th October, 2021.
Disposed of as above.
(Ali Mohammad Magrey) Judge SRINAGAR:
01.10.2021 "Hamid"ABDUL HAMID BHAT 2021.10.01 12:00 I attest to the accuracy and integrity of this document