Kashiratan Enterprises vs Jhamb Cotton Pvt Ltd
2022 Latest Caselaw 6683 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH
3
                                                            CP-167-2016(O&M)
                                                       Date of Order: 12.07.2022

KASHIRATAN ENTERPRISES                                        ..Petitioner
                                      Versus
JHAMB COTTON PVT. LTD.                                        ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Jivesh Malik, Advocate for Ms. Nupur Chaudhary, Adocate for the petitioner.

Mr. Reshabh Bajaj, Advocate for respondent.

ANIL KSHETARPAL, J(Oral)

As per the office report despite order, the petitioner has not carried

out the publication. On 04.05.2022, after forming a prima facie opinion that the

respondent-Company is unable to pay its debt, the company petition was

ordered to be admitted.

At this stage, the learned counsel representing the petitioner

submits that let the matter be transferred to the National Company Law

Tribunal, Chandigarh Bench, in view of the judgment passed in Civil Appeal

No.4041-2020, titled as "Action Ispat and Power Pvt. Ltd. Vs. Shyam Metalics

and Energy Ltd.", decided on 15.12.2020, reported in AIR 2021 SC 309.

Keeping in view the aforesaid facts, the order dated 04.05.2022, is

recalled. As prayed for, let the matter be transferred to the National Company

Law Tribunal, Chandigarh Bench.

The parties through their counsels are directed to appear before the

National Company Law Tribunal, Chandigarh Bench, on 10.08.2022.

July 12th, 2022                                        (ANIL KSHETARPAL)
Ay                                                           JUDGE

Whether speaking/reasoned                 :      Yes/No
Whether reportable                        :      Yes/No

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