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Judgment
The application has been filed by the applicant company i.e., M/s. Boutonniere Hospitality Pvt. Limited, seeking following reliefs:
a. “Pass an order allowing present Application.
b. Pass an order directing transfer of Company Application (CAA) 1st Motion Application filed vide diary No. 0404116/00927/2022 before Chandigarh Bench to NCLT at New Delhi along with the directions for tagging aforesaid Company Application with Company Application No. (CAA) 56/2022 i.e. 1st Motion Application filed by Non-Applicant Company.
c. Pass an order directing registry of this Hon’ble NCLT Bench at Chandigarh to transfer all e file and hard copy filed, if any to NCLT at New Delhi.
d. To pass an order that both the Company Application i.e. (CAA)/ 1st Motion Application filed by Applicant Company and Application No. (CAA) 56/2022 filed by Non Applicant Company shall be heard jointly be Hon’ble NCLT at New Delhi. ”
The application is filed by the Demerged Company/Applicant Company which had filed the 1st Motion Application, before the NCLT Bench, at Chandigarh vide diaiy No. 0404116/00927/2022. It seeks to transfer that case to the NCLT, New Delhi Bench-II, where the Resulting Company has already filed an application bearing number, CA(CAA)-56/ND/2022.
In the interest of justice and for effective adjudication of the order, the application stands allowed and the matter is transferred from NCLT Bench, Chandigarh to NCLT, New Delhi Bench-II.