Re : Vxl Digital Pvt Ltd And v. Wishnet Infotech Pvt Ltd

OD-45

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/1014/2016 RE : VXL DIGITAL PVT LTD AND VS WISHNET INFOTECH PVT LTD

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 2nd February, 2023.

Appearance:

Mr. Sidhartha Sharma, Adv.

Ms. S. Basu, Adv.

The Court:- This is an application for winding up. The petitioning creditor is represented. It is submitted on behalf of the petitioning creditor that the winding up petition is at the "pre-admission stage". I find from an earlier order of Court that service has been effected and the directions have given to the parties for filing affidavits. In view of the amended provisions of the Companies Act, 2013 and 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 -versusSrei 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 proceeding. In view of the aforesaid, CP/1014/2016 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat CP/1014/2016 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.) D.Ghosh