Transfer of Companies Act proceedings to NCLT Kolkata Bench ordered by Calcutta HC

The Calcutta High Court directed the transfer of pending proceedings under the Companies Act, 2013 (CP 418 of 2011 with CA 33 of 2012) to the National Company Law Tribunal Kolkata Bench in accordance with Section 434(1)(c) of the Companies Act, 2013 and Rule 3 of the Companies (Transfer of Pending Proceedings) Rules, 2016. The transfer was ordered to be completed within four weeks of the court's directive, ensuring compliance with the statutory provisions governing such transfers.

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Issues: Transfer of pending proceedings under the Companies Act, 2013 to the National Company Law Tribunal.

The judgment delivered by Mr. I. P. Mukerji, J. of the Calcutta High Court addressed the issue of transferring pending proceedings under the Companies Act, 2013 to the National Company Law Tribunal. The court noted that as per Section 434(1)(c) of the Companies Act, 2013, all proceedings under the Companies Act, 1956 pending before any District Court or High Court shall stand transferred to the Tribunal upon notification by the Central Government. Additionally, Rule 3 of the Companies (Transfer of Pending Proceedings) Rules, 2016 mandates the transfer of all proceedings under the Act to the Benches of the Tribunal exercising respective territorial jurisdiction. The court emphasized that proceedings reserved for orders allowing or disallowing such proceedings shall not be transferred. Consequently, the court directed the transfer of the proceedings (CP 418 of 2011 with CA 33 of 2012) to the National Company Law Tribunal Kolkata Bench, ensuring all formalities are observed within four weeks of communication of the order. The records of the court will reflect the disposal of CP 418 of 2011 with CA 33 of 2012 by transfer in accordance with the court's directive.

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