Abhijeet Projects Limited v. Shikharesh Bhattacharya

OD-32

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/572/2014 IA NO: CA/4/2018(Old No:CA/250/2018), CA/6/2019(Old No:CA/147/2019), CA/7/2020(Old No:CA/47/2020), CA/9/2021 ABHIJEET PROJECTS LIMITED VS SHIKHARESH BHATTACHARYA

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 form the Status Report filed on behalf of the Official Liquidator that the assets of the company have not yet been sold. I also find that there is no irreversible situation which has arisen warranting this Court retaining these proceedings.

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.

In view of the aforesaid, CP/572/2014 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/572/2014 as disposed of insofar as the records of this Court are concerned. It is needless to mention that all connected applications made in CP/572/2014 also stand transferred to the National Company Law Tribunal, Kolkata.

(RAVI KRISHAN KAPUR, J.) S.Bag