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2021 (12) TMI 743 - HC - Companies LawSeeking a direction to the Registrar of Companies (ROC) to mark the companies enclosed at Exhibit I to the OLR as 'Active' - also seeking permission to Official Liquidator to remove these companies from the register of the voluntary liquidation companies maintained by the Official Liquidator - Appellants’ grievance stems from the fact that despite the Appellants being diligent in following up with various authorities for the purpose of voluntary winding up, the Official Liquidator filed a report and obtained an ex-parte order against the Appellants. HELD THAT:- Admittedly, the publication under Section 248(5) of the Act was made on 14th December 2018 and by virtue of Section 250 of the Act, the Appellant No.1 Company would cease to exist from such date. The provisions of the Act as pointed out by Mr. Shah, clearly contemplate that the appropriate remedy for the Appellants is to approach the NCLT under Section 252 of the Act. This Court would not have the powers to pass orders under Section 252 of the Act since the exclusive jurisdiction lies with the NCLT. In view of Sections 250 and 252 of the Act, the interpretation of Section 248(8) of the Act canvassed by the Learned Advocate for the Appellants would go contrary to the scheme of the Act, which is impermissible. To read into Section 248(8) of the Act so as to confer jurisdiction on this Court would run contrary to the scheme and spirit of the Act and more importantly for the purpose for which the NCLT was constituted. Appeal disposed off.
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