Calcutta High Court
Re : Alipurduar Tea Co Ltd And vs Htc Implex Pvt Ltd on 19 January, 2023
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
OD-46
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
CP/195/2016
RE : ALIPURDUAR TEA CO LTD AND
VS
HTC IMPLEX PVT LTD
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 19th January, 2023.
The Court:- None appears on behalf of the parties nor is any accommodation prayed for on their behalf.
It appears from an order dated 28th August, 2016, that the winding up petition 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/195/2016 stands transferred to the National Company Law Tribunal, Kolkata.
The Department shall treat CP/195/2016 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