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2022 (8) TMI 479 - HC - Companies LawValidity of summon order - Winding up of the company - appointment of Provisional Liquidator of the company on the ocassion of winding up of the company - continuation of criminal proceedings - Dishonor of Cheque - Section 138 of NI Act - HELD THAT:- It is implicit through Section 273(1)(c) of the Companies Act, 2013 that the Provisional Liquidator of the company may be appointed by the Tribunal till the making of a winding up order. The order dated 28.02.2013 relied upon on behalf of the petitioner in Co.Pet. 36/2013 is not an order for winding up of the company M/s Catmoss Retail Private Limited. - in terms of Section 279(1) of the Companies Act, 2013, a suit or other legal proceedings can be commenced, or if pending on the date of the winding up order may be proceeded with by or against the company with the leave of the Tribunal and subject to such terms as the Tribunal may impose. Dishonor of Cheque - HELD THAT:- Undoubtedly, in the instant case, the complaint has been instituted under Section 138 of the Negotiable Instruments Act, 1881 on 12.08.2013 and that thus, the said complaint under Section 138 of the Negotiable Instruments Act, 1881 has been filed after the date 28.02.2013 when the Provisional Liquidator had been appointed in Co.Pet. 36/2013 qua M/s Catmoss Retail Private Limited - The complaint filed in CC No.452/2014 relating to the cheque bearing No.206731 dated 30.06.2013 for an amount of Rs.8,00,000 was instituted on 12.08.2013 prior to the winding up order dated 27.03.2014 and vide order dated 10.07.2017 in CA No.52/2017 in Co.Pet. 36/2013, permission had been granted to the applicant thereof to continue with the complaint CC No. 2913/1/15. Application disposed off.
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