Supreme Court - Daily Orders
Bhagwati Developers Private Limited vs The Peerless General Finance And ... on 21 September, 2021
Author: Sanjay Kishan Kaul
Bench: Sanjay Kishan Kaul
ITEM NO.4 Court 6 (Video Conferencing) SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s). 1200/2021
BHAGWATI DEVELOPERS PRIVATE LIMITED Petitioner(s)
VERSUS
THE PEERLESS GENERAL FINANCE AND
INVESTMENT COMPANY LIMITED & ORS. Respondent(s)
(IA No.82933/2021-EXEMPTION FROM FILING AFFIDAVIT
IA No.82932/2021-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES )
Date : 21-09-2021 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
For Petitioner(s) Mr. Jishnu Saha, Sr. Adv.
Mr. Debarshi Dutta, Adv.
Mr. Aayush Kevlani, Adv.
Mr. Sahil Tagotra, AOR
For Respondent(s) Mr. Abhijit Chatterjee, Sr. Adv.
Mr. S. Sukumaran, Adv.
Mr. Anand Sukumar, AOR
Mr. Bhupesh Pathak, Adv.
UPON hearing the counsel the Court made the following
O R D E R
On hearing learned counsel for parties it is a common cause of the both the senior counsels that the jurisdiction to decide the lis now rests with the National Company Law Tribunal (NCLT), Calcutta in view of the provisions of Section 434 of the Companies Act, 2013 which came into effect from 01.4.2017. For reasons best known, which are difficult to ____________, it is not appreciated why for a period of four years the Registry of its own Signature Not Verified Digitally signed by RASHI GUPTA Date: 2021.09.21 could not have decisive this aspect and transferred the matter to 16:47:33 IST Reason:
the Tribunal. The dispute originally arose in 1991 and is now three decades old. It is not possible to compliment such a situation. In view of the aforesaid, by consent, it is directed that the papers of this matter be transmitted to the NCLT, Calcutta by the Registry of the High Court of Calcutta within a period of one week of the receipt of the Order.
Thereafter the matter should be placed before the NCLT, Calcutta to be decided in the accordance with law. The matter be so placed within one week of it being transferred and the Tribunal will endeavor to treat this matter on priority on the basis of its seniority i.e. unless there is any matter older than three decades, this matter will be given priority over other matters on the basis of the period for which it has remained pending and learned counsel for both the parties have agreed before this Court to fully cooperated so that the matter can be considered on day to day basis by the Tribunal.
The transfer petition is closed with the aforesaid directions. A copy of the Order be transmitted to the Registrar, Calcutta High Court and to the Registrar, NCLT, Calcutta.
Pending applications stand disposed of.
(RASHMI DHYANI) (POONAM VAID)
COURT MASTER COURT MASTER