Punjab-Haryana High Court
Veena Industries Ltd vs Huawei Telecommunication (India) ... on 14 May, 2019
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
1
CA-10-2019 in
CP-99-2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: 14.05.2019
CA-10-2019 in
CP-99-2014
Veena Industries Ltd. ...Petitioner
Vs.
Huawei Telecommunication (India) Company Pvt. Ltd. ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Ms. Manisha Gandhi, Senior Advocate, with
Mr. Sanjiv Dagar and Ms. Salina Chalana, Advocates,
for the petitioner.
Mr. Anand Chhibbar, Senior Advocate, with
Mr. Gunjan Kumar, Advocate, for the respondents.
RAJIV NARAIN RAINA, J. (ORAL)
1. On the request of Ms. Gandhi, learned senior counsel appearing for the petitioner, this petition under Sections 433 & 434 of the Companies Act, 1956 for winding up of the respondent-company is transferred to National Company Law Tribunal, Chandigarh Bench, Chandigarh to be disposed of on merits, where Ms. Gandhi says her client has already filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, which is pending for 17.05.2019. Parties will be free to take all pleas as are available to them in law and also on the question of limitation.
2. On the other hand, Mr. Anand Chhibbar has entered a caveat. He says that he is not against the transfer, but the present petition should be ordered to have been rendered infructuous and dismissed as such. I have considered the argument, but I am not inclined to accept it for the reason that limitation is a mixed question of law and fact to be determined on the basis 1 of 2 ::: Downloaded on - 09-06-2019 10:41:30 ::: 2 CA-10-2019 in CP-99-2014 of pleadings and proof. It would not be justified to foreclose the case of the petitioner in this Court and that aspect will be open to debate before the learned Tribunal on merits.
3. With these observations, while allowing CA No.10 of 2019, the main company petition i.e. CP No.99 of 2014 is ordered to be transferred to the National Company Law Tribunal.
4. Office to take steps expeditiously for transfer of file to the quarters concerned.
14.05.2019 [RAJIV NARAIN RAINA]
Vimal JUDGE
Whether speaking/reasoned: Yes
Whether Reportable: Yes/No
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