# In the matter of Alok Kumar Mishra & Ors. vs. Vigneshwara Developwell Pvt. Ltd. & Ors.

> HC judgment dated 2025-09-12. Citation: TCN-2025-HC-00078. The present case involves multiple company petitions filed under Sections 433(e), 434, and 439 of…

- **Court:** HC
- **Order date:** 12 Sept 2025
- **Citation:** TCN-2025-HC-00078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/alok-kumar-mishra-ors-vs-vigneshwara-developwell-pvt-ltd-ors-777d38af

## Summary

### Background

The present case involves multiple company petitions filed under Sections 433(e), 434, and 439 of the Companies Act, 1956, seeking the winding up of Vigneshwara Developwell Pvt. Ltd. due to its inability to pay its debts.

## Facts

Multiple company petitions were filed seeking the winding up of Vigneshwara Developwell Pvt. Ltd.

The petitions were filed under Sections 433(e), 434, and 439 of the Companies Act, 1956.

Vigneshwara Developwell Pvt. Ltd. is allegedly unable to pay its debts.

An application was filed in Company Petition No. 885/2015 seeking the transfer of the matter to the NCLT.

A judgment dated 12.09.2025 was passed in Company Petition No. 885/2015, transferring it to the NCLT.

Section 434(1)(c) of the Companies Act, 2013 mandates the transfer of proceedings under the 1956 Act to the NCLT.

A previous judgment in CO. PET. 885/2015 directed the winding up proceedings against Vigneshwara Developwell Pvt. Ltd. to be transferred to the NCLT.

## Issues and analysis

### Issue 1: Whether the company petitions seeking the winding up of Vigneshwara Developwell Pvt. Ltd. should be …

**Ratio:** Section 434(1)(c) of the Companies Act, 2013 mandates the transfer of proceedings under

…

**Reasoning:** The court considered the provisions of Section 434(1)(c) of the Companies Act, 2013,

…

**Interpretation:** The court interpreted Section 434(1)(c) of the Companies Act, 2013, as

…

**Application:** The court applied Section 434(1)(c) of the Companies Act, 2013, and directed

…

## Parties

- **Judges:** Tara Vitast…
- **Appellants:** Alok Kumar…; Suresh…
- **Respondents:** VIGNESHWARA…
- **Advocates:** Dhruv W…

## Timeline

- **2025-09-02 — Judgment Rese…**: Judgment was reserved…
- **2025-09-12 — Date of De…**: The judgment was…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/alok-kumar-mishra-ors-vs-vigneshwara-developwell-pvt-ltd-ors-777d38af