Authority: National Company Law Tribunal (NCLT), New Delhi Single Principal Bench

Order Date: 12.06.2026

Case Overview

The transfer application was filed by Sika India Pvt Ltd. seeking the transfer of case number C.A.(CAA)/38(KB)2024 from Court-II of the NCLT Kolkata Bench to Court-I of the NCLT Mumbai Bench. The case relates to a scheme of arrangement (CAA). The petitioner's counsel submitted that the first motion petition for the Transferor Company (C.A. (CAA)-250/2022) was approved by the NCLT Mumbai Bench on 16.01.2024. The first motion petition for the Transferee Company (C.A. (CAA)-38(KB)/2024) was approved by the NCLT Kolkata Bench on 30.10.2024. During the pendency of the Kolkata case, the Board of Directors of the Transferee Company passed a resolution on 30.05.2024 to shift its registered office from West Bengal to Maharashtra. Furthermore, the second motion application for the scheme (CP (CAA)/176/MB/2025) was already approved by the NCLT Mumbai Bench on 05.03.2026. Notices were issued to the Statutory Authorities/Non-Applicants, and an affidavit of service was filed, but no one appeared on their behalf.

Final Outcome

The NCLT allowed the transfer application (TA (Co. Act)-07(PB)/2026). The bench reasoned that since the registered offices of both the Transferor and Transferee Companies were now in Maharashtra and the Mumbai Bench had already approved the related first and second motion petitions, it was appropriate to transfer the case. Consequently, case C.A. (CAA)-38(KB)/2024 is transferred from the NCLT Kolkata Bench to the NCLT Mumbai Bench.

Topics: NCLT Jurisdiction, Corporate Restructuring