In The Matter Of:Tanushree Ispat Pvt Ltd -And- v. In The Matter Of:Kay Bee Industrial Alloys Pvt Ltd

O-49

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/72/2014 IA NO: CA/6/2017(Old No:CA/472/2017), CA/7/2017(Old No:CA/533/2017), CA/9/2021

IN THE MATTER OF:TANUSHREE ISPAT PVT LTD

-ANDIN THE MATTER OF:KAY BEE INDUSTRIAL ALLOYS PVT LTD

BEFORE:

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

Appearance:

Mrs. Debjani Mitra Neogy, Adv.

..for the O/L The Court:- The company was directed to be wound up as far back as on 3rd August, 2015. The Status Report filed by the Official Liquidator be kept with the records. It appears from the Status Report 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/72/2014 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/72/2014 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