Re: Mehras Books Pvt Ltd -And- v. Random House Publishers India Pvt Ltd

O-36

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/657/2013 IA NO: CA/7/2018(Old No:CA/272/2018), CA/9/2021 RE: MEHRAS BOOKS PVT LTD -ANDRANDOM HOUSE PUBLISHERS INDIA PVT LTD

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 5th December, 2022.

Appearance:

Ms. Smita Das De, Adv.

...for the O/L The Court:- It appears from the Status Report filed on behalf of the Official Liquidator that sale of the assets of the company (in liquidation) has not yet been effected.

In view of the amended provisions of the Companies Act, 2013 and in view of 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 liquidation proceeding. In view of the aforesaid, CP/657/2013 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/657/2013 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.) TO