Fabricen Engineers Private ... vs Mahaluxmi Iron Trading Company
2022 Latest Caselaw 445 Cal/2

OD-17
                                  ORDER SHEET
                        IN THE HIGH COURT AT CALCUTTA
                               Original Jurisdiction
                                 ORIGINAL SIDE
                              [Via Video Conference]

                                IA No: CA/11/2021
                                  In CP/97/2012

                             IN THE MATTER OF:
                    FABRICEN ENGINEERS PRIVATE LIMITED
                                    -AND-
                     MAHALUXMI IRON TRADING COMPANY



  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 11th February, 2022

Appearance:

Ms. Manju Manot, Adv.

Mr. Bajrang Manot, Adv.

Ms. T. Dasgupta, Adv.

Mr. Amit Chowdhury, Adv.

The Court:- Ms. Manot appears on behalf of the one of the Directors of the

petitioner company namely, Fabricen Engineers Private Limited (in liquidation). It

is submitted that most of the records of the company (in liquidation) are not

available with her client and have been removed by another Director. By an order

dated 25th June, 2013 made in CP No. 97 of 2012, this Court had directed

winding up of the company (in liquidation).

The status Report filed on behalf of the Official Liquidator be kept with the

records.

It appears from the said Report that even though possession of the

registered office of the company (in liquidation) had been taken as far back as on

14th August, 2013 no effective steps have yet been taken by the office of the

Official Liquidator for nearly a decade. Admittedly, there has been no sale of the

assets and properties of the company (in liquidation).

Notwithstanding misfeasance proceedings having been initiated no effective

steps has yet been conducted by the office of the Official Liquidator.

Having considered the facts and circumstances of the case and in view of

the judgment reported in 2021 (2) SCC 641 (Action Ispat and Power Limited vs.

Shyam Metalics and Energy Limited), let this company petition being CP No. 97

of 2012 be transferred to the National Company Law Tribunal, Kolkata.

The Department will treat CP/97/2012 and all connected applications are

disposed of insofar as all connected applications are concerned.

(RAVI KRISHAN KAPUR, J.)

S.Bag