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2023 (12) TMI 322 - CALCUTTA HIGH COURTTransfer of winding up proceedings - whether this court in exercise of its jurisdiction under the said proviso to Section 434(1)(c) of the Companies Act should transfer the winding up application to the NCLT? - HELD THAT:- The only conclusion that can be drawn is that there is no credible hope of revival of the company and that it would suit the interest of all stakeholders and of the public if its liquidation was speedily carried out. Thus the learned judge ought not to have passed the impugned order relegating this matter to the tribunal. It is directed that the winding up proceedings to be conducted and concluded as early as possible - the impugned order set aside.
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