Disposed¶24

Buragohain Tea Company Limited v. Xxx

Gauhati HC5 Apr 2026Co.Pet./3/2013

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Present proceedings transferred to the National Company Law Tribunal, Guwahati Bench, Guwahati; Registry directed to transfer the records of the present proceedings to that Tribunal. ¶24

Buragohain Tea Company Limited Vs Xxx — Company and Corporate | Gauhati HC (2026)

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Page No.# 1/3

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GAHC010005542013

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Co.Pet./3/2013

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BURAGOHAIN TEA COMPANY LIMITED

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AN EXISTING COMPANY WITHIN THE MEANING OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT GOVINDAPUR TEA ESTATE, P.O. LATEKUJAN, GOLAGHAT- 785621 IN THE STATE OF ASSAM, WITHIN THE AFORESAID JURISDICTION. AND B and A LIMITED, AN EXISTING COMPANY WITHIN THE MEANING OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT INDU BHAWAN, MAHATMA GANDHI ROAD, JORHAT- 785001 IN THE STATE OF ASSAM WITHIN THE AFORESAID JURISDICTION. 1. BURAGOHAIN TEA COMPANY LIMITED 2. B and A LIMITED.

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VERSUS

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XXX

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For the Petitioner(s) : Mr. A. Sahewalla, Advocate

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For the Respondent(s) : None appears

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 06.04.2026

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Heard Mr. A. Sahewalla, the learned counsel appearing on

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Page No.# 2/3

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behalf of the Petitioners.

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This is an application filed under Section 391(2) and 394 of the Companies Act, 1956 for sanctioning of the scheme of amalgamation amongst the Petitioners.

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This Court duly takes note of the Companies (Transfer of Pending Proceedings) Rules, 2016 (for short ‘the Rules of 2016’) and more particularly Rule 3 which is reproduced herein under:

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“ 3. Transfer of pending proceedings relating to cases other than Winding up.- All proceedings under the Act, including proceedings relating to arbitration, compromise, arrangements and reconstruction, other than proceedings relating to winding up on the date of coming into force of these rules shall stand transferred to the Benches of the Tribunal exercising respective territorial jurisdiction:

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Provided that all those proceedings which are reserved for orders for allowing or otherwise of such proceedings shall not be transferred.”

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A perusal of the above quoted Rule would show that all proceedings under the Act including proceedings relating to arbitration, compromise and arrangements etc. shall stand transferred to the Benches of the Tribunal exercising respective territorial jurisdiction.

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Taking into account the scope and ambit of Rule 3 of the Rules of 2016, this Court transfers the present proceedings to the National Company Law Tribunal, Guwahati Bench, Guwahati.

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Page No.# 3/3

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The Registry shall do the needful for transferring of the records of the present proceedings to the National Company Law Tribunal, Guwahati Bench, Guwahati.

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JUDGE

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Comparing Assistant

Buragohain Tea Company Limited v. Xxx

Case brief

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Buragohain Tea Company Limited v. Xxx

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