2022 (1) TMI 1355

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....ajumder, Asstt. S. G., Mr. Samrat Ghosh, Advocate, Mrs. Sarama Deb, Advocate. ORDER This application has come to be filed by the Union Bank of India respondent No.3 in Company Petition No.1/2015. The present application seeks a direction of this Court to transfer the original company petition before the National Company Law Tribunal(NCLT) in view of gazette notification dated 28th May 2016 a....

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....ring for the applicant Union Bank of India, placed reliance on The Insolvency and Bankruptcy Code, 2016 and in particular, amendment to Section 434(c) of The Companies Act, 2013 published on 28th May 2016 which may read as under : "(c) all proceedings under the Companies Act, 1956 (1 of 1956), including proceedings relating to arbitration, compromise, arrangements and reconstruction and w....

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.... "Provided further that any party or parties to any proceedings relating to the winding up companies pending before any Court immediately before the commencement of the Insolvency and Bankruptcy Code (Amendment) ordinance, 2018, may file an application for transfer of such proceedings and the Court may by order transfer such proceedings to the Tribunal and the proceedings so transferred shall b....