The court emphasizes the necessity of transferring cases to avoid multiplicity of proceedings and ensure efficient adjudication.

ORDER

1. The prayer made in this Transfer Application read as follows: -

In lieu of what has been stated above and in lieu of the facts and circumstances of the present case, it is most respectfully prayed that this Hon’ble Tribunal may be pleased to transfer Company Application numbered as (CAA) No. 21/230/HDB/2025 filed before the Hon’ble NCLT, Hyderabad Bench- I to the Hon’ble NCLT, Kolkata Bench in the interest of justice and such order or orders as it may deem fit and thus render justice.

Facts of the case:

2. The present application has been preferred by the Birlanu Limited (Transferee Company/Applicant Company) under Rule 16(d) of the National Company Tribunal Rules, seeking transfer of the Company Application (CAA) No. 21/230/HDB/2025 pending before the Hon’ble NCLT, Hyderabad Bench- I to the Hon’ble NCLT, Kolkata Bench.

3. The Applicant Company i.e. Bilanu Limited was incorporated with an authorized capital of Rs. 10,00,00,000/- (Ten Crores Only) and Paid-Up Capital of Rs. 7,54,08,990/- (Seven Crores Fifty Four Lakhs Eight Thousand Nine Hundred Ninety) having its registered office at office No 1 & 2, L7 Floor, SLN Terminus, Survey no133, Near Botanical Gardens, Gachibowli, Hyderabad, Telangana, India, 500032. It is primarily engaged in the business of manufacturing and sale of fiber cement, humid cure roofing sheets, autoclaved aerated concrete blocks (fly ash blocks), fiber cement board and panels and a wide range of plumbing solutions, including CPVC, UPVC, column pipes, SWR and pressure pipes & fittings ideal for household, industrial, and commercial applications and wall care putty. The details of Transferor Companies are produced below:

a. Transferor Company No. 1 i.e. Crestia Polytech Private Limited incorporated on 09/05/2013 having its registered office at 2nd Floor, Shiv Krish Complex, Roop Bhawan Compound, Survey Plot No. 1125 & 1126, Ram Krishna Path, P.S. Budhha Colony, East Boring Canal Road, Patna, Kidwaipuri, Patna, Phulwari, Bihar, India, 800001 is stated to be engaged in the business of manufacturing and trading business of HOPE and PVC Pipes, tanks/ containers and fittings, filters, injection, moulding etc. and other related products. The Transferor Company 1 is a wholly owned subsidiary of the Applicant;

b. Transferor Company No. 2 i.e. Aditya Poly Industries Private Limited incorporate on 07.05.2024 having registered office at 2nd Floor, Shiv Krish Complex, Roop Bhawan Compound, Survey Plot No. 1125 & 1126, Ram Krishna Path, P.S. Budhha Colony, East Boring Canal Road, Kidwaipuri, Patna, Phulwari, Bihar, India, 800001 is stated to be engaged in the business of manufacturing and trading of fittings such as HOPE pipers, MOPE pipes PPR pipes etc. and other related products. The Transferor Company 2 is a wholly owned subsidiary of the Transferor Company 1 and step down subsidiary of the Applicant;

c. The Transferor Company No. 3 i.e. Aditya Polytechnic Private Limited incorporate on 08.04.2015 having its registered office at 2nd Floor, Shiv Krish Complex, Roop Bhawan Compound, Survey Plot No.1125 &1126, Ram Krishna Path, P.S. Budhha Colony, East Boring Canal Road, Kidwaipuri, Patna, Phulwari, Bihar, India, 800001 is stated to be engaged in the business of manufacturing and trading of PVC Pipes, water storage injections, moulding items etc. and other related products. The Transferor Company 3 is a wholly owned subsidiary of the Transferor Company 1 and step down subsidiary of the Applicant;

d. Transferor Company No. 4 i.e. Prabhu Sainath Polymers Private Limited incorporate on 15.03.2024 having its office at 2nd Floor, Shiv Krish Complex, Roop Bhawan Compound, Survey Plot No.1125 &1126, Ram Krishna Path, P.S. Budhha Co