Re:Nampa Electricals Pvt Ltd -And- v. New Hariyana Transport Co.

OD-29 CP/349/2013 IA NO: CA/1/2014(Old No:CA/227/2014)

IN THE HIGH COURT AT CALCUTTA

ORIGINAL JURISDICTION ORIGINAL SIDE RE:NAMPA ELECTRICALS PVT LTD -AND VS NEW HARIYANA TRANSPORT CO.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 22nd February, 2023.

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

I find from the earlier orders of Court that the matter is at the pre admission stage and save and except direction for affidavits, no other steps have been taken in 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, 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/349/2013 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat CP/349/2013 as disposed of insofar as the records of this Court are concerned.

(RAVI KRISHAN KAPUR, J.) SK.