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High Court Of ChhattisgarhCOMP/7/2015transfer to other tribunals

Core Fab Projects Unit-Ii Private Limited v. Core Fab Projects Private Limited

2017-01-13Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR COMP No. 7 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 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 ---- Respondent For Petitioner Shri M. K. Sinha, Advocate For UOI Shri N. K. Vyas, ASG For Official Liquidator Shri Amrito Das, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/01/2017 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 transfered 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 the above, the Registry shall take steps to transfer the present petition to the National Company Law Tribunal, Mumbai, at the earliest.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala