M/S Oriental Containers Ltd vs M/S Himalayan Frozen Foods Ltd
2022 Latest Caselaw 4417 P&H

CP-43-2010(O&M)                                                  -1-

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


                                              CP-43-2010(O&M)
                                              Date of decision: 12.05.2022

M/s Oriental Containers Ltd.                                      ...Petitioner

                                   Versus

M/s Himalayan Frozen Foods Ltd.                                  ...Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Alok Jain, Advocate for the petitioner.

Ms. Nidhi, Advocate for the respondent.

ANIL KSHETARPAL, J (Oral)

The learned counsel representing the respective parties are ad

idem that 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, the

matter is required to be referred to the National Company Law Tribunal,

Chandigarh Bench. The Supreme Court while interpreting the provisions of

Section 434 of the Companies Act, 2013 read with The Companies (Transfer

of Pending Proceedings) Rules, 2016, has held that except when the

Company Court has taken steps which are irretrievable, the petition filed

under Section 433, 434 and 439 of the Companies Act, 1956, is required to

be referred to the National Company Law Tribunal, Chandigarh Bench. The

matter is at a pre-admission stage and is, thus, required to be transferred to

the National Company Law Tribunal, Chandigarh Bench.

All the miscellaneous applications, if any, shall be considered

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CP-43-2010(O&M) -2-

by the Tribunal. It is further observed that the matter is pending in this Court

for the last 12 years, therefore, the Tribunal is requested to take up the

matter, positively, on 25.07.2022, and pass appropriate orders.

The parties through their counsels are directed to appear before

the National Company Law Tribunal, Chandigarh Bench, on the above-said

date.

The office is directed to remit the case file to the Tribunal

forthwith.

Statutory demand notice before filing of the petition before the

National Company Law Tribunal under Section 8 of the Insolvency and

Bankruptcy Code, 2016, shall stand dispensed with, in view of the facts that

the notice of the company petition is already sent and served on the

respondent.

All the pending miscellaneous applications, if any, are also

disposed of.

May 12, 2022                                          (ANIL KSHETARPAL)
nt                                                          JUDGE

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




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