Delhi

Central Delhi

CC/287/2015

SHAMBHU NATH PATHAK - Complainant(s)

Versus

COSMIC STRUCTURES LTD. - Opp.Party(s)

13 Jul 2017

ORDER

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Complaint Case No. CC/287/2015
 
1. SHAMBHU NATH PATHAK
H NO. 1660, ROMANO, MAHAGUN MASCOT CROSSING REPUBLIC, GHAZIABAD-201009.
...........Complainant(s)
Versus
1. COSMIC STRUCTURES LTD.
2, DDALSC, ADJOINING , J BLOCK NEW RAJENDER NAGAR, NEW DELHI -110060.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. K.S. MOHI PRESIDENT
 HON'BLE MR. VIKRAM KUMAR DABAS MEMBER
 HON'BLE MRS. MRS. MANJU BALA SHARMA MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 13 Jul 2017
Final Order / Judgement

                                                              ORDER                                        Dated:  13.07.2017

K.S. Mohi, President

            Present : Counsel for complainant.

                            Counsel for OP.

              Admittedly the  winding up proceedings against the OP company are pending before the Hon’ble Delhi High Court in Company Petition no. 152/2016 titled as Rajni Anand V/s Cosmic Structures. Ltd.  and O.L. has been appointed on 11.01.2017.

             Some of the complainants have urged that their cases are at the stage of final arguments and should be disposed of by this forum and some of the complainants submitted that matter should be deferred till 22.09.2017 when the matter is to be taken up by the Hon’ble High Court.

          Needless to say that the official liquidator has already been appointed on 11.01.2017, therefore, in view of the provisions of section 446 of the Companies Act 1956 these cases cannot be proceeded with in this forum. Accordingly the complaint is not maintainable U/s 446 Companies Act 1956 and the same is dismissed. The complainant  may approach the official liquidator for redressal of their grievance.

        Copy of the order be sent to the parties as well as  to the official liquidator  as per  law.

 
 
[HON'BLE MR. K.S. MOHI]
PRESIDENT
 
[HON'BLE MR. VIKRAM KUMAR DABAS]
MEMBER
 
[HON'BLE MRS. MRS. MANJU BALA SHARMA]
MEMBER

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