Re Power Max (India) Private Limited -And- v. Bga Electrical And Services Private Limited

OD-1 CP/847/2016

IN THE HIGH COURT AT CALCUTTA

ORIGINAL JURISDICTION ORIGINAL SIDE RE POWER MAX (INDIA) PRIVATE LIMITED -AND VS BGA ELECTRICAL AND SERVICES PRIVATE LIMITED

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 31st March, 2022.

Appearance:

Mr. Dilip Ghosh, Adv.

Mr. S. Rudra, Adv.

The Court : This is an application under Sections 433,434 and 439 of the Companies Act, 1956. It is submitted on behalf of the petitioner that the application is ready for hearing and both parties have filed their Affidavits. However, the matter is at the pre-admission stage. In view of the judgment reported in 2021 (2) SCC 641 (Action Ispat and Power Limited vs. Shyam Metalics and Energy Limited) and in view of the provisions of the Companies Act, 2013, I am of the view that this Court has no jurisdiction to entertain this application. Accordingly, let this Company petition being CP No. 847 of 2016 be transferred to the National Company Law Tribunal. The Department will treat CP 847 of 2016 as disposed of in so far as records of this Hon'ble Court are concerned.

(RAVI KRISHAN KAPUR, J.) SK.