# In the matter of Rohan Consultancy Services Pvt. Ltd. (PB)-204-2014

> NCLT judgment dated 2018-10-16. Citation: TCN-2018-NCLT-00560. The case involves a petition filed under Section 433 of the Companies Act for winding up, which…

- **Court:** NCLT
- **Order date:** 16 Oct 2018
- **Citation:** TCN-2018-NCLT-00560
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rohan-consultancy-services-pvt-ltd-pb-204-2014-14aaaa1d

## Summary

### Background

The case involves a petition filed under Section 433 of the Companies Act for winding up, which was transferred from the Delhi High Court to the National Company Law Tribunal (NCLT) based on an order dated 2018-09-25. The petition was initially filed under the Companies Act but could potentially be converted into a petition under Section 7, 9, or 10 of the Insolvency and Bankruptcy Code (IBC) before 2017-07-15.

## Facts

A petition was initially filed under Section 433 of the Companies Act for winding up. The Delhi High Court transferred this petition to the National Company Law Tribunal (NCLT) via an order dated 2018-09-25. The petition had the potential to be converted into a petition under Section 7, 9, or 10 of the Insolvency and Bankruptcy Code (IBC) before 2017-07-15. The applicant's counsel requested time to review the file and file their vakalatnama. The case was then listed for a hearing on 2018-11-26.

## Issues and analysis

### Issue 1: Whether the petition filed under Section 433 of the Companies Act should be converted into a …

**Ratio:** The court has the discretion to allow the conversion of a winding-up petition under the

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**Reasoning:** The court acknowledges the possibility of converting the petition but does not make a

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**Interpretation:** The interpretation involves understanding the interplay between the Companies

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**Application:** The ratio is applied by considering whether the initial petition could have

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## Parties

- **Judges:** M. M. K…; DEEPTI M…
- **Appellants:** L & T Financial…
- **Respondents:** Rohan Consultancy…

## Timeline

- **2018-09-25 — Transfer of P…**: The matter was received from Hon'ble Delhi High Court vide order dated 25.09.2018, and…
- **2017-07-15 — IBC Conversion…**: The petition could be converted into Section 7, 9 or 10 of IBC petitions on or before…

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