← Library
High Court Of ChhattisgarhCOMP/8/2016transfer to other tribunals

Asset Reconstruction Company India v. M/S Saini Industries Limited

2017-01-27Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR COMP No. 8 of 2016

1. Asset Reconstruction Company (India) Limited (Arcil), A Company Incorporated Under The Companies Act, 1956 And Registered As A Securitisation Or Asset Reconstruction Company Pursuant To Section 3 Of The Securitisation And Reconstruction Of Financial Assets And Reconstruction Of Security Interest Act, 2002 Having Its Registered Office At The Ruby, 10th Floor, 29, Senapati Bapat Marg, Dadar West, Mumbai- 400028 (In Capacity As The Trustee Of Arcil-SBPS001-XIV Trust) Through Its Athorized Signatory ---- Petitioner

Versus

1. M/s Saini Industries Limited Having Its Registered Office At 80A, Phase-II, Siltara Industrial Area, Raipur, (Chhattisgarh) 493 111)

2. Shri Charanjeet Singh Saini, S/o Jagdish Singh Saini, R/o HIG 10, Tatibandh, Raipur- 492001, (Chhattisgarh) ---- Respondent For Petitioner Shri P.K. Patel & Shri D.K. Kushwaha, Advocates Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/01/2017 1.

The present company petition has been preferred for winding up of the respondent company, as it is unable to pay debt. The petition is, thus, under Section 433 (1) (e) of the Companies Act, 1956.

2.

In this company petition notice has not yet been issued to the respondent company.

3.

In view of the notification dated 7-12-2016 published in the Gazette of India enacting the Companies (Transfer of Pending Proceedings) Rules, 2016, the present company petition is not maintainable before this Court, as the jurisdiction to deal with such petitions has now been conferred on the National Company Law Tribunal. By separate notification dated 1-6-2016 the National Company Law Tribunal, Mumbai Bench, Mumbai, has been conferred jurisdiction to hear company petitions for the State of Chhattisgarh.

4.

In view of the above, the present company petition requires to be and is transferred to the National Company Law Tribunal, Mumbai Bench, Mumbai.

5.

Let the Registry take appropriate steps for transfer of this Company Petition to the National Company Law Tribunal, Mumbai Bench, Mumbai, at the earliest.

Sd/- Company Judge Prashant Kumar Mishra Gowri