Re : M/S Balaji Coke Industry Private Limited And v. Asset Reconstruction Company (India) Limited

OD-53

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE Original Jurisdiction CP/766/2016 RE : M/S BALAJI COKE INDUSTRY PRIVATE LIMITED AND VS ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 30th January, 2023 Appearance:

Mr. Swagata Roy, Adv.

Mr. Suman Majumder, Adv.

The Court :- Both parties are represented. This proceeding is pending since 2016. I find from the earlier order of Court that this proceeding is at a "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 -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/766/2016 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat CP/766/2016 as disposed of insofar as the records of this Court are concerned.

It is needless to mention that all connected applications also stand transferred to the National Company Law Tribunal, Kolkata.

(RAVI KRISHAN KAPUR, J.) D.Ghosh