Re : A.K.G. Food Products Pvt Ltd ( In Liqn) v.
OD-20
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction ORIGINAL SIDE CP/427/2000 IA NO: CA/3/2013(Old No:CA/402/2013) RE : A.K.G. FOOD PRODUCTS PVT LTD ( IN LIQN)
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 21st September, 2022.
Appearance:
Mr. Ranojit Chowdhury, Adv.
...for the Official Liquidator The Court:- The Status Report filed on behalf of the Official Liquidator be kept with the records. It appears from the Report that the assets of the company have not yet been sold.
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/427/2000 stands transferred to the National Company Law Tribunal, Kolkata. The Department shall treat CP/427/2000 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