Re : Balaji Polysacks Private Limited -And- v. Amar Plaza & Holdinga Limited

OD-26

IN THE HIGH COURT AT CALCUTTA

ORIGINAL JURISDICTION ORIGINAL SIDE CP/22/2016 RE : BALAJI POLYSACKS PRIVATE LIMITED -AND VS AMAR PLAZA & HOLDINGA LIMITED

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 8th February, 2023.

The Court:- None appears on behalf of the parties nor is any accommodation prayed for on their behalf. It appears from an earlier order of Court that the matter is at a pre admission stage and the parties have been directed to exchange affidavits.

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, in my view this Court does not have any jurisdiction to entertain this matter. There is no irreversible situation which has arisen warranting this Court retaining this proceeding.

In view of the aforesaid, CP/22/2016 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat CP/22/2016 as disposed of insofar as the records of this Court are concerned.

It is needless to mention that all connected applications also stand transferred to the National Company Law Tribunal, Kolkata. (RAVI KRISHAN KAPUR, J.) SK.