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Calcutta High CourtCP/273/2014disposed

Re : Bhavyaa Global Ltd -And- v. Fast Flow Vintrade Pvt Ltd

2022-12-16Hon'Ble Justice Ravi Krishan Kapur2 pages

O-64 CP/273/2014

IN THE HIGH COURT AT CALCUTTA

ORIGINAL JURISDICTION ORIGINAL SIDE RE : BHAVYAA GLOBAL LTD -AND VS FAST FLOW VINTRADE PVT LTD

BEFORE:

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

Appearance:

Mr. Avishek Guha, Adv.

Mrs. D. Das, Adv.

Ms. Debjani Mitra Neogy, Adv.

The Court : A copy of the Status Report dated 21 September, 2022 is taken on record. The company was directed to be wound up as far back as on 2 February, 2016. It appears from the Status Report that no irreversible situation has arisen which warrants 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/273/2014 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/273/2014 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.) SK.