In The Matter Of : Shree Madhav Edible Products Ltd -And- v. In The Matter Of : Castle Commodeal Pvt Ltd
O-38
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction ORIGINAL SIDE CP/679/2013
IN THE MATTER OF : SHREE
MADHAV EDIBLE PRODUCTS LTD -ANDIN THE MATTER OF : CASTLE COMMODEAL PVT LTD
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 16th December, 2022.
The Court:- None appears on behalf of the parties nor is any accommodation prayed for on their behalf. It appears from an order dated 14 March, 2014 that this proceeding is at a pre-admission stage and no final order of winding up has yet been passed 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/679/2013 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/679/2013 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