Re : Net 4 Communications India Ltd -And- v. Tata Financial Services Ltd

O-37

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/661/2013 IA NO: CA/2/2019(Old No:CA/194/2019) RE : NET 4 COMMUNICATIONS INDIA LTD -ANDTATA FINANCIAL SERVICES LTD

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 16th December, 2022.

The Court:- This matter had been repeatedly adjourned. It appears from the records of the Court that the company (in liquidation) was directed to be wound up as far back as on 6th August, 2015. However, the Official Liquidator has taken no steps in this proceeding.

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, I find that this Court does not have any jurisdiction to retain this proceeding.

In view of the aforesaid, CP/661/2013 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/661/2013 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