Naskarpara Jute Mills Co.Ltd.(In Liqn.) v. United Bank Of India -v.- O/L

OD-9

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/93/1978 IA NO: CA/1/1995(Old No:CA/389/1995), CA/2/1997(Old No:CA/588/1997), CA/3/1998(Old No:CA/724/1998), CA/4/1999(Old No:CA/524/1999), CA/6/2000(Old No:CA/659/2000) NASKARPARA JUTE MILLS CO.LTD.(IN LIQN.) VS UNITED BANK OF INDIA - VS- O/L

BEFORE:

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

Appearance:

Mr. Shiv Chandra Prasad, Adv.

The Court : This is a company application pending since 1978. This matter has appeared on repeated occasions. Mr. Prasad appears on behalf of the Official Liquidator and files a Status Report. He further submits that the assets of the company (in liquidation) have not been sold till date. It is further submitted on behalf of the Official Liquidator that they have been unable to conclude the liquidation proceedings on some ground or the other.

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 also 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 nearly 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. In view of the aforesaid, CP/93/1978 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/93/1978 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