Re : Ajanta Leather Fashions Pvt Ltd-And- v. Hellman Worldwide Logistics India Pvt Ltd

O-43

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/1/2014 IA NO: CA/4/2018(Old No:CA/188/2018), CA/7/2020(Old No:CA/10/2020), CA/8/2020, CA/9/2021, CA/11/2022 RE : AJANTA LEATHER FASHIONS PVT LTD -ANDHELLMAN WORLDWIDE LOGISTICS INDIA PVT LTD

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 16th December, 2022.

The Court:- The winding up petition had been admitted as far back as on 22 December, 2015. The Status Report filed by the Official Liquidator demonstrates that there is no irreversible situation which has arisen warranting this Court retaining this proceeding.

In view of the amended provisions of the Companies Act, 2013 and in view of the decisions in Action Ispat and Power Private Limited-versus-Shyam 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, I find that this Court does not have any jurisdiction to retain this proceeding.

In view of the aforesaid, CP/1/2014 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/1/2014 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.) TO