2017-TIOLCORP-31-HC-KOL-CA

Credence Trexim Pvt Ltd Vs Registrar Of Companies (Dated: May 17, 2017)

Whether an application for recalling an order is in the nature of procedural review which can only be entertained by the Judge who passed the order and therefore such application cannot be transferred to NCLT in terms of Rule 3 of Companies (Transfer of Pending Proceedings) Rules, 2016 - YES: HC

Whether power of recalling the order is a vested power upon the Company Court and there is no intention of the legislature to include such applications within the periphery of Rule 3 of the Companies (Transfer of Pending Proceedings) Rules, 2016 - YES : HC

Whether the proceeding, which is original in nature and not reserved for orders, for allowing or otherwise can be transferred to the NCLT - NO: HC

Whether Company Court has jurisdiction to entertain the application for recalling the order if it does not come within the purview of Rule 3 of the Companies (Transfer of Pending Proceedings) Rules, 2016 - YES : HC

Case Disposed of: CALCUTTA HIGH COURT

2017-TIOLCORP-21-CCI

Sri Rama Agri Genetics India Pvt Ltd And Mahyco Monsanto Biotech India Ltd

Whether in an investigation conducted by DG for determining contravention of Section 3(4) in respect of seed manufacturing companies, other cases involving similar issues can be clubbed together - YES: CCI

Order passed u/s 26(1) of Act: CCI

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