In The Matter Of M/S Sharda Fertiliser Ltd. (In Liqn.) v. Appellate Authority For Indu. & Finance

OD-17

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE BIFR/81/1995

IN THE MATTER OF : M/S SHARDA

FERTILISER LTD. (IN LIQN.) VS APPELLATE AUTHORITY FOR INDU. & FINANCE

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 3rd February, 2023.

Appearance:

Mrs. Smita Das De, Adv.

...for the Official Liquidator The Court :- By an order dated 9th October, 2002 passed by a Coordinate Bench the company namely M/s. Sharda Fertiliser Limited was directed to be wound up.

The matter has been pending since 1995 before this Court. The Official Liquidator is represented and submits that no steps whatsoever have been taken 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 -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, BIFR/81/1995 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat BIFR/81/1995 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.) S.Bag