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2024 Supreme(Cal) 137

RAVI KRISHAN KAPUR
Re : Bells Control Limited – Appellant
Versus
. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Debdut Mukherjee, Mr. Tamoghna Saha, Advocate
For the Respondent:Mr. Jishnu Saha, Mr. S. Dasgupta, Mr. P. Ghose, Mr. Avishek Roy Chowdhury, Ms. Debjani Mitra Neogy, Advocate

JUDGMENT :

Ravi Krishan Kapur, J.

1. CA/12/2022 is an application for transfer of the winding up proceedings being CP/808/2016 to the National Company Law Tribunal (NCLT).

2. It is submitted on behalf of the applicant that in view of the amended provisions of section 434 of the Companies Act, 2013, the winding up proceedings alongwith all connected applications cannot be proceeded with any further before this Court and should be transferred to the NCLT.

3. Section 434 of the Act as amended is as follows:-

    “434. Transfer of certain pending proceedings. – (1) On such date as may be notified by the Central Government in this behalf, –

(a) all matters, proceedings or cases pending before the Board of Company Law Administration (herein in this section referred to as the Company Law Board) constituted under sub-section (1) of Section 10-E of the Companies Act, 1956, immediately before such date shall stand transferred to the Tribunal and the Tribunal shall dispose of such matters, proceedings or cases in accordance with the provisions of this Act;

(b) any person aggrieved by any decision or order of the Company Law Board made before such date may file an appeal to the High Court within sixty da

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