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february 2026

Bombay High Court · 2026-02-03

SAHJUNIMPEX TRADING PVT.LTD vs PATHEJA FORGINGS AND AUTO PARTS MARNUFACTURING LTD (IN LIQN)

Citation / case number
CA/506/2018
Court
Bombay High Court
Petitioner
SAHJUNIMPEX TRADING PVT.LTD
Respondent
PATHEJA FORGINGS AND AUTO PARTS MARNUFACTURING LTD (IN LIQN)
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Judgment text excerpt

1. The Applicant has, by way of the present Company Application, sought 1 of 28 Meera Jadhav This order is corrected pursuant to the speaking to the minutes of order dated 9th February 2026 4-CAC-506-18 the transfer of the captioned Company Petition to the National Company Law Tribunal (“NCLT”) Mumbai under the provisions of Section 434(1)(c) of the Companies Act, 2013 (“the Companies Act”). Submissions on behalf of the Applicant: 2. Mr. Behramkamdin, Learned Senior Counsel appearing on behalf of the Applicant, at the outset submitted that the Applicant had acquired various debts of the Company in liquidation from the erstwhile financial creditors and now represented more than 50% of the total financial debt owed by the Company in liquidation. He thus submitted that the Applicant had the requisite locus to file the present Application, for transfer of the proceedings to the NCLT u/s. 434(1)(c) of the Companies Act. 3. Mr. Behramkamdin then submitted that the object underlying the proposed transfer was to facilitate the resolution and revival of the Company in liquidation under the provisions of the Insolvency and Bankruptcy Code of 2016 (“IBC”), in a time-bound manner within the 2