In The Matter Of :Sree Metaliks Limited -And- v. Firo Ceramics

OD-29

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/505/2014

IN THE MATTER OF :

SREE METALIKS LIMITED -ANDFIRO CERAMICS

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 20th December, 2022.

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

It appears from the earlier orders of Court that the matter is at a preadmission stage and no final order of winding up has yet been passed in this proceeding.

In view of the amended provision of the Companies Act, 2013, the decisions reported 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, this Court does not have any jurisdiction to retain this proceeding. There is no irreversible situation which has arisen warranting this Court retaining these proceedings.

In view of the aforesaid, CP/505/2014 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/505/2014 as disposed of insofar as the records of this Court are concerned. It is needless to mention that all connected applications made in CP/505/2014 also stand transferred to the National Company Law Tribunal, Kolkata.

(RAVI KRISHAN KAPUR, J.) S.Bag