In The Matter Of: Brand Value Communications Ltd. -And- v. Elite Furniture Pvt. Ltd.

OD-23

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/1040/2014

IN THE MATTER OF:

BRAND VALUE COMMUNICATIONS LTD.

-ANDELITE FURNITURE PVT. LTD.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 4th January, 2023 The Court:- Neither of the parties choose to be represented. This proceeding is pending since 2014. The winding up petition is at the "pre-admission stage". 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 proceeding. In view of the aforesaid, CP/1040/2014 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat CP/1040/2014as 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.) S.Bag