JUDGMENT :

Soumen Sen, J.

1. All the appeals involve common questions of law and fact and accordingly are heard analogously.

2. The principal issue raised in this appeal by the appellants is:

3. Whether the company court can Suo Motu transfer a proceeding relating to winding up to NCLT or can such transfer only be made pursuant to an application by one of the parties?

4. Mr. Ratnanko Banerjee the learned Senior Advocate appearing on behalf of the appellants/petitioners in M/s. Abhijeet Projects Limited, (in Liquidation) and M/s Corporate Ispat Alloys Limited (in Liquidation) has assailed the judgment on the ground that having regard to the clear mandate of Section 434(1)(c) last proviso of the Companies Act, 2013 read with Rules 5 and 6 of companies (Transfer of Pending Proceedings) Rules, 2016, the direction to transfer the company petition to the National Company Law Tribunal Kolkata is without jurisdiction.

5. It is submitted that the learned Single Judge on a complete misreading of the amended provision of the companies Act, 2013 and the decisions in Action Ispat and Power Pvt. Ltd. Vs. Shyam Metalics and Energy Ltd. reported in 2021(2) SCC 641 and A. Navinchandra Steels Private Limi