In The Matter Of: Kalyanpur Cements Ltd. -And- v. Rajesh Kumar Agrawal & ANR

OD- 48

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/824/2015

IN THE MATTER OF: KALYANPUR CEMENTS LTD.

ANDVS RAJESH KUMAR AGRAWAL & ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 10th January, 2023.

The Court:- The winding up petition has been pending since 2015. None appears on behalf of the parties nor is any accommodation prayed for on their behalf.

By an order dated 13th July, 2016, the parties were directed to exchange their affidavits. It appears that 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/824/2015 stands transferred to the National Company Law Tribunal, Kolkata.

The Department shall treat CP/824/2015 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