In The Matter Of : Model Infratech Pvt. Ltd. -And- Narayan v. Wire Pvt. Ltd.

OD-45

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/173/2016

IN THE MATTER OF : MODEL INFRATECH PVT. LTD. -AND NARAYAN

VS WIRE PVT. LTD.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 19th January, 2023.

The Court:- None appears on behalf of the parties nor is any accommodation prayed for on their behalf.

I find from the order dated 16th August, 2017 that no final order of winding up has yet been passed in this proceeding.

In view of the amended provisions of the Companies Act, 2013 and 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 -versusSrei 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/173/2016 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat CP/173/2016 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