Rubi Star Real Estate And Housing ... vs Unknown
2021 Latest Caselaw 319 Cal/2

OD - 4

                           CA 20 of 2020
                           CA 117 of 2018
                                 In
                           CP 313 of 2012

                 IN THE HIGH COURT AT CALCUTTA
                        Original Jurisdiction
                          ORIGINAL SIDE

                       IN THE MATTER OF :
  RUBI STAR REAL ESTATE AND HOUSING DEVELOPMENT LIMITED
                        ( IN LIQUIDATION)
                                AND
                       IN THE MATTER OF :
        THE OFFICIAL LIQUIDATOR, HIGH COURT,CALCUTTA
                                AND
                     IN THE MATTER OF :
                     SMT. REBA MANDAL & ORS.



BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 23rd March, 2021.

Appearance:

Mr. Rupak Ghosh,Adv.

Mr. Ayan Dutt,Adv.

Mr. Arnab Dutt,Adv.

...for the petitioner

Mr. Subhadip Biswas,Adv.

...for O/L

Mr. Sioumya Roy, Adv.

Mr. Faziur Rahman,Adv.

The Court: Before passing any order in this application, the core

issue which needs to be decided is as to whether this Court exercising

jurisdiction under the Companies Act, 2013 can retain the main winding

up petition in connection to which this application has been made. This

issue falls for consideration in view of recent judgments delivered by the

Hon'ble Supreme Court reported in (1) 2020 SCC On Line SC 1025

(Action Ispat and Power Pvt. Ltd. vs. Shyam Metalics and Energy Ltd.),

(2) (2021) 2 Supreme Court Cases 403 (Kaledonia Jute and Fibres Private

Limited vs. Axis Nirman and Industries Limited and Others) and (3) Civil

Appeal Nos. 4230-4234 of 2020 (A. Navinchandra Steels Private Limited

vs. Srei Equipment Finance Limited & Ors.)

Let this matter appear on 1st April, 2021 for further consideration.

(ARINDAM MUKHERJEE,J.)

s.chandra