In The Matter Of: Ess Dee Aluminium Limited -And- v. Transexpress Logistics (I) Pvt. Ltd.

OD-36

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/1025/2016 IA NO: CA/1/2019

IN THE MATTER OF: ESS DEE ALUMINIUM LIMITED

-ANDVS TRANSEXPRESS LOGISTICS (I) PVT. LTD.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 21st January, 2023.

Appearance:

Mr. D. N. Sharma, Adv.

Mr. S. Jain, Adv.

The Court:- The petitioning creditor is represented. It appears that the matter is at the "pre-admission stage". 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 - 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 proceeding.

In view of the aforesaid, CP/1025/2016 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat CP/1025/2016 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