Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2006 (3) TMI HC This

  • Login
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2006 (3) TMI 327 - HC - Companies Law

Issues:
- Maintainability of appeal under section 483 of the Companies Act against conviction under section 454(5).
- Interpretation of the phrase "in the matter of the winding up of a company by the Court" in section 483 of the Act.
- Comparison of views from different High Courts on the appealability of orders of conviction in winding-up matters.

Analysis:

Issue 1: Maintainability of Appeal under Section 483
The appeal was filed against an order convicting the appellant under section 454(5) of the Companies Act, imposing a fine. The Company Court found the appellant guilty and imposed a fine of Rs. 100 for each day's default, totaling Rs. 3,12,600. The preliminary objection raised was regarding the maintainability of the appeal under section 483 of the Act, which deals with appeals from orders. The first respondent-Official Liquidator contended that section 483 bars appeals in cases where a person has been convicted under section 454 of the Act.

Issue 2: Interpretation of Section 483
The interpretation of the phrase "in the matter of the winding up of a company by the Court" in section 483 was crucial. The Gujarat High Court held that this phrase does not include orders passed under section 454(5) of the Act. On the contrary, the High Courts of Kerala and Delhi opined that such orders of conviction fall within the ambit of section 483. The judgments analyzed the scope of section 483 and whether orders of conviction in winding-up matters are covered under it.

Issue 3: Comparison of High Courts' Views
Various judgments were cited to support differing views on the appealability of orders of conviction in winding-up matters. The Gujarat High Court held that appeals of this nature are not maintainable, while the High Courts of Kerala and Delhi took a different stance. The Kerala High Court, in particular, emphasized that orders of conviction under section 454(5A) are not merely incidental but integral to the winding-up process, making them appealable under section 483.

Conclusion:
The High Court analyzed the conflicting views from different High Courts and the interpretation of section 483 of the Companies Act. Ultimately, the Court held that the appeal was not maintainable under section 483 due to the specific wording of the section and the applicability of the Letters Patent, which does not allow appeals against orders in criminal jurisdiction. The Court dismissed the appeal against the conviction under section 454(5) and granted the appellant two months to comply with the orders.

 

 

 

 

Quick Updates:Latest Updates