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2019 (4) TMI 2069 - ORISSA HIGH COURTValidity of proceedings relating to arbitration, compromise, arrangements and reconstruction and winding up of companies, pending immediately before such date before any District Court or High Court - HELD THAT:- The Central Government has issued a notification dated 07.12.2016 in respect of transfer of proceedings/cases from the High Court to the NCLT vide notification dated 07.12.2016, which has been issued in exercise of power conferred under sub-sections (1) and (2) of Section 434 of the Companies Act, 2013 (18 of 2013) read with subsection (1) of section 239 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) by framing a rule by the Central Government called “ The Companies (Transfer and Pending Proceedings) Rules, 2016. Such transfer was challenged before this Court by filing W.P.(C) No.712 of 2017 and this Court stayed such transfer of cases to the NCLT, Kolkata. But, subsequently, due to establishment of National Company Law Tribunal, Odisha, Cuttack Bench, Cuttack, this Court disposed of the writ petition on 20.03.2019 stating that the NCLT, Odisha, Cuttack Bench, Cuttack has been established and, therefore, all company matters be transfer to the NCLT, Odisha, Cuttack Bench, Cuttack. Accordingly, this case stands transferred to the NCLT, Odisha, Cuttack Bench, Cuttack for just and proper adjudication.
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