M/S. Karunamoyee Metals Pvt. Ltd.(In Liqn.) v.

O-67

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/446/2003 IA NO: ACO/1/2004(Old No:ACO/116/2004), ACO/3/2004(Old No:ACO/153/2004), CA/5/2005(Old No:CA/681/2005) M/S. KARUNAMOYEE METALS PVT. LTD.(IN LIQN.) VS O/L

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 3rd January, 2023 The Court : None appears on behalf of the parties nor is any accommodation prayed for on their behalf.

Mr. Chowdhury, learned Advocate appears on behalf of the Official Liquidator.

It appears from the Report dated 21st September, 2022 filed by the Official Liquidator that there no is no irreversible situation which has arisen warranting this Court retaining these proceedings.

In view of the amended provision of the Companies Act, 2013, the decisions reported 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, this Court does not have any jurisdiction to retain this proceeding.

In view of the aforesaid, CP/446/2003 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/446/2003 as disposed of insofar as the records of this Court are concerned. It is needless to mention that all connected applications made in CP/446/2003 also stand transferred to the National Company Law Tribunal, Kolkata.

(RAVI KRISHAN KAPUR, J.) S.Bag