In The Matter Of Ananda Prasad Zamindary Co. (Ula) (In Liqn. v. Kamelesh Biswas -v.- The O/L

OD-4

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/355/1949

IN THE MATTER OF :

ANANDA PRASAD ZAMINDARY CO. (ULA) (IN LIQN.

VS KAMELESH BISWAS -VS THE O/L

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 26th September, 2022.

Appearance:

Mr. Shiv Chandra Prasad, Adv.

..for OL The Court : This is a company application pending since 1949. It is submitted on behalf of the Official Liquidator that they have been unable to conclude the liquidation proceedings on some pretext or the other. It is further submitted on behalf of the Official Liquidator that the Official Liquidator is yet to take steps for dissolution of the company (in liquidation). In view of the decisions in Action Ispat and Power Private Limited-versusShyam Metalics and Energy Limited reported in (2021) 2 SCC 641 and in A. Navinchandra Steels Private Limited -versus- Srei Equipment Finance Limited and Others reported in AIR 2021 SC 1180, in my view this Court does not have any jurisdiction to entertain this matter.

I have considered the Status Report filed on behalf of the Official Liquidator. It is a matter of some concern as to why a company petition has been

kept pending before this Court for more than 50 years. The Official Liquidator blames his predecessors. Obviously, the Office of the Official Liquidator has been casual, indolent and cavalier in its approach in respect of the liquidation proceedings pertaining to the company (in liquidation). In view of the aforesaid, CP/355/1949 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/355/1949 as disposed of insofar as the records of this Court are concerned. It needless to mention that all connected applications also stand transferred to the National Company Law Tribunal, Kolkata. (RAVI KRISHAN KAPUR, J.) D.Ghosh