In The Matter Of: Balaji Polysacks Pvt. Ltd. -And- v. Kalpana Industries (India) Limited

OD-2

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/1062/2016

IN THE MATTER OF:

BALAJI POLYSACKS PVT. LTD.

-ANDKALPANA INDUSTRIES (INDIA) LIMITED

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 29th April, 2022.

Appearance:

Mr. Francis Samson Correa, Adv.

Mr. Subir Banerjee, Adv.

Ms. Kiran Kumari Mahato, Adv.

...for the petitioner The Court:- It is submitted that this winding up application is at a preadmission stage. In view of the decisions in Action Ispat and Power Private Limited-versusShyam 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 am of the view that this Court does not have any jurisdiction to entertain this matter. In view of the aforesaid, CP/1062/2016 stands transferred to the National Company Law Tribunal, Kolkata. The department will treat CP/1062/2016 as disposed of in so far as the records of this Court are concerned. Needless to mention that any connected application also stand transferred to the National Company Law Tribunal, Kolkata. (RAVI KRISHAN KAPUR, J.)

TO/S.Bag