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High Court Of ChhattisgarhCOMP/6/2015transfer to other tribunals

Core Fab Projects Unit Ii Private Limited v. Core Fab Projects Pvt Ltd.

2017-06-28Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR COMP No. 6 of 2015 Core Fab Projects (Unit Ii) Private Limited (A Company Incorporated Under The Indian Companies Act. 1956) Having Its Registered Office At 141/21, 2nd Floor, Mato Shree Complex, Maharaja Chowk, Mukt Nagar Durg 491001 Chhattisgarh ---- Petitioner

Versus

Core Fab Projects Pvt Ltd. S/o (A Company Incorporated Under The Indian Companies Act. 1956) Having Its Registered Office At 141/21, 2nd Floor, Mato Shree Complex, Maharaja Chowk, Mukt Nagar Durg 491001 Chhattisgarh ---- Respondent For Petitioner : Mr. M.K.Sinha, Advocate.

For Respondent /UOI : Mr. N.K. Vyas, ASG Hon'ble Shri Justice Sanjay K. Agrawal Order On Board By 28/06/2017 (1) Shri Sinha, learned counsel for the petitioner and Shri Vyas, learned ASG would draw attention of the Court to the Central Government's notification dated 07.12.2016 enacting the Companies (Transfer of Pending Proceedings) Rules, 2016, particularly Rule 3 thereof providing that all proceedings under the Act, including proceedings relating to arbitration, compromise, arrangements and reconstruction, other than the proceedings relating to winding up on the date of coming into force of these Rules shall stand transferred to the Benches of the Tribunal exercising respective territorial jurisdiction; provided that all those proceedings which are reserved for orders for allowing or otherwise of such proceedings shall not be transferred. They

would submit that, in view of the Rules, the present petition for amalgamation / arrangement stands transferred to the Mumbai Bench of National Company Law Tribunal constituted by notification dated 01.06.2016 bearing No. SO1935 (E).

(2) In view of above, the Registry shall take steps to transfer the present petition to the National Company Law Tribunal, Mumbai, at the earliest.

Sd/- (Sanjay K. Agrawal) Judge D/-