Re : Messrs. Educo Ventures Private Limited And v. Messrs. Devarshi Civil Infrastructure Limited

OD-58

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/573/2016 RE : MESSRS. EDUCO VENTURES PRIVATE LIMITED AND VS MESSRS. DEVARSHI CIVIL INFRASTRUCTURE LIMITED

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 19th January, 2023.

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

It appears from an order dated 29th August, 2016, that the winding up petition is at the "pre-admission stage".

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 -versusSrei 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/573/2016 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat CP/573/2016 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.) D.Ghosh