The Rajasthan High Court, Jaipur Bench, in Modern
Insulators Ltd. v. —, considered an application seeking appropriate
directions in respect of a company petition that was pending before the High
Court under the provisions of the Companies Act, 1956. The issue arose in the
context of the statutory transition of jurisdiction from the High Courts to the
National Company Law Tribunal pursuant to the enactment of the Companies Act,
2013.
The Court took note of the notification
dated 07 December 2016 issued by the Central Government through the Ministry of
Corporate Affairs in exercise of powers conferred under sub-sections (1) and
(2) of Section 434 of the Companies Act, 2013, along with other enabling
provisions. The said notification mandated the transfer of specified categories
of pending company matters from the High Courts to the National Company Law
Tribunal.
In view of the statutory framework and the
aforesaid notification, the High Court held that it no longer retained
jurisdiction to continue with the pending company petition. The Court
accordingly directed that S.B. Company Application No. 1 of 2017, along with
the underlying S.B. Company Petition No. 30 of 2012, be transferred to the
jurisdictional National Company Law Tribunal for further proceedings in
accordance with law.
The order reflects the legislative intent
underlying Section 434 of the Companies Act, 2013, to consolidate and
streamline corporate adjudication before the specialised forum of the NCLT and
to ensure uniformity in the resolution of company law matters.
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