Re : M/S. Adhunnick Mercantile Private Limited -And- v. Asha Audio Company

OD-46

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/403/2016 RE : M/S. ADHUNNICK MERCANTILE PRIVATE LIMITED - -ANDASHA AUDIO COMPANY

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 24th February, 2023 The Court:- It appears from the earlier orders of Court that the matter is at a "pre-admission stage". The petitioning creditor is represented. 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, CP/403/2016 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat CP/403/2016 as disposed of insofar as the records of this Court are concerned.

It is needless to mention that any connected application is also transferred to the National Company Law Tribunal, Kolkata. (RAVI KRISHAN KAPUR, J.) TO