In Brief
This appeal concerns the transfer of a winding-up proceeding from the High Court to the National Company Law Tribunal (NCLT). The Supreme Court held that transferability depends on whether the winding-up petition has been served on the respondent: if served, transfer is not permitted; if not served, transfer to the NCLT must occur. The Court also clarified that a creditor aggrieved by the official liquidator's decision qualifies as a 'party' and can directly seek transfer to the NCLT without first challenging the decision in the Company Court. The restriction on timing under the Companies Court Rules does not apply to such transfers under statutory proviso.
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