Crescent Realista Builders Ltd vs Debraj Banerjee & Ors
2026 Latest Caselaw 2026 Cal/2

Calcutta High Court

Crescent Realista Builders Ltd vs Debraj Banerjee & Ors on 18 March, 2026

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OD-30

                      IN THE HIGH COURT AT CALCUTTA
                             Original Jurisdiction
                               ORIGINAL SIDE


                             CP/967/2014
  IA NO: CA/2/2017(Old No:CA/80/2017), CA/4/2017(Old No:CA/523/2017),
               CA/6/2018(Old No:CA/316/2018), CA/8/2021

                            IN THE MATTER OF:
                     CRESCENT REALISTA BUILDERS LTD.
                                  -AND-
                         DEBRAJ BANERJEE & ORS.


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 18th March, 2026 Appearance:

Mr. Jishnu Chowdhury, Sr. Adv.

Mr. Arindam Paul, Adv.

Ms. Debarati Das, Adv.

Ms. Sohini Choudhury, Adv.

...for the security agency.

Mr. Anupan Dasadhikary, Adv.

...for the Official Liquidator.

Mr. Dwip Narayan Chowdhury, ...Official Liquidator.

The Court: Mr. Anupam Dasadhikari, Advocate appearing in presence of

the Official Liquidator unequivocally, submits that he has no objection to the

proceeding being transferred to the National Company Law Tribunal in view of

the change of law.

Mr. Chowdhury, Senior Advocate appearing on behalf of the Security

Agency raises an issue whether in the case of a voluntary winding-up the

transfer proceeding would be applicable.

It is submitted by Mr. Chowdhury that even though the last proviso to

Section 434 prevents cases of voluntary winding-up being transferred to the

National Company Law Tribunal, appropriate instructions are necessary to find

out whether this case falls within the scope and ambit of Section 485 of the

Companies Act, 1956 wherein a resolution by advertisement in the Official

Gazette was necessary for the proviso to be triggered.

In view of the above, let this matter appear on 2 April, 2026 for further

hearing.

(RAVI KRISHAN KAPUR, J.)

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