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TMI Blog2019 (5) TMI 609X X X X Extracts X X X X X X X X Extracts X X X X ..... Company Court also granted leave to the Original Petitioner under Section 446 of the Companies Act, 1956 ("the 1956 Act") to proceed with the Suit and to bring the Official Liquidator on record. The Application for leave was allowed by the Company Court. 2. The present Application has been filed on 15th May, 2018, seeking: an order from the Company Court to hold and declare that with the repeal of the 1956 Act and its substitution by the Companies Act, 2013 ("the 2013 Act") the Order granting leave is rendered null and void in view of this Court losing jurisdiction to continue the Suit (Prayer (a)); recall of the aforesaid Order granting leave under Section 446 of the 1956 Act (wrongly numbered as prayer (a)). The Application also seeks interim reliefs of stay of further proceedings in the Suit. As this Application is being decided finally and as it was argued on that basis, the prayer for interim reliefs does not arise for consideration. 3. The main ground pleaded in the Application and as contended by learned Advocate for the Applicant for revoking the leave under Section 446 of the 1956 Act is set out in prayer (a) of the Application. In the Application and in the submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed much before the coming into force of the provisions of the 2013 Act. It is further submitted that even the Order granting leave under Section 446 of the 1956 was also much before coming into force of Section 430 of the 2013 Act. Section 430 of the 2013 Act can never apply retrospectively to invalidate such Orders and acts, which are in any event saved by the repeal and saving provisions of the 2013 Act. 7. Before dealing with the submissions it is pertinent to note that this Court after the hearing concluded on 21st February, 2019, by an order passed on that day i.e. 21st February, 2019, gave an opportunity to the Applicant to file its written submissions on or before 27th February, 2019. Since Mr. Matthew Nedumpara, Advocate for the Plaintiff had stated that he being a senior citizen would take some time to file the written submissions on behalf of the Applicant, this Court waited much beyond 27th February, 2019 for the written submissions of the Applicant which despite a long wait were not filed/tendered by the Applicant. 8. Based on the Application and the submission made by the parties, I am of the opinion that both of the main submissions advanced by the Applicant in supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without any merit and is liable to be rejected. In my opinion once it is admitted and accepted even by the Applicant that the present Company Petition is a 'saved Petition' and not to be transferred to the National Company Law Tribunal under the Notification of 1st June 2016, then the winding up process to be followed in respect of such a company would be in accordance with the provisions of the 1956 Act, under which it was ordered to be wound up. As has been seen from the facts stated above, the winding up Order and the Order granting leave under Section 446 of the 1956 Act are much prior to the coming into force of the provisions of the 2013 Act and the Notification of transfer of company petitions other than 'saved petitions' to the NCLT. 11. Section 430 of the 2013 Act only ousts the jurisdiction of a civil court to entertain a suit or proceeding which the Tribunal is empowered to determine under the 2013 Act or under any other Act. Section 430 of the 2013 Act reads as follows: "Civil court not to have jurisdiction-No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal or the Appellate Tribunal is empowered to d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate is notified by the Central Government under subsection (1) of Section 434 for transfer of all matters, proceedings or cases to the Tribunal, the provisions of the Companies Act, 1956 in regard to the jurisdiction, powers, authority and functions of the Board of Company Law Administration and court shall continue to apply as if the Companies Act, 1956 has not been repealed: Provided also that provisions of the Companies Act, 1956 referred in the notification issued under section 67 of the Limited Liability Partnership Act, 2008 shall, until the relevant notification under such section applying relevant corresponding provisions of this Act to limited liability partnerships is issued, continue to apply as if the Companies Act, 1956 has not been repealed. (2) Notwithstanding the repeal under sub-section (1) of the repealed enactments,- (a) anything done or any action taken or purported to have been done or taken, including any rule, notification, inspection, order or notice made or issued or any appointment or declaration made or any operation undertaken or any direction given or any proceeding taken or any penalty, punishment, forfeiture or fine imposed under the repealed en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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