TMI Blog2016 (12) TMI 1843X X X X Extracts X X X X X X X X Extracts X X X X ..... ny cases, adjudication appeals, connected criminal complaints, miscellaneous company applications etc. are pending consideration before this Court, establishment of independent and separate NCLT bench for the State of Kerala at Kochi is absolutely necessary and if Tribunals are not established in each State, the basic objective with which, NCLTs are being established, that is, to speed up the company cases, will not be fulfilled - HELD THAT:- Though the aforementioned submissions appear to be attractive at the first instance, they cannot be accepted for giving a direction to the respondents to establish NCLT bench in any particular State. It is for the authorities concerned to take a decision in the matter. This Court cannot frame guideli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the 1 st respondent to establish NCLT Bench at Ernakulam on a time bound basis in the interest of justice. c) Pass such oth er orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case. 2. The Ministry of Corporate Affairs passed Ext.P1 order dated 7.12.2016, which may be called as 'the Companies (Removal of Difficulties) Fourth Order, 2016' and the same shall come into force with effect from 15.12.2016. By virtue of the said order, the following proviso is inserted in clause (c) of sub-section (1) of Section 434 of the Companies Act, 2013, namely :- Provided further that only such proceedings relating to cases other than winding up, for which orders for allowing or otherwis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the impugned order, certain provisos are inserted in clause (c) of sub-section (1) of Section 434 of the Companies Act, 2013. By virtue of the said order, all proceedings under the Companies Act, 1956 other than the cases relating to winding up of companies that are reserved for orders for allowing or otherwise such proceedings or the proceedings relating to winding up of companies which have not been transferred from the High Court, shall be dealt with in accordance with the provisions of the Companies Act, 1956 and the Companies (Court) Rules, 1959. Only such proceedings relating to cases other than winding up that are reserved for orders for allowing or otherwise by the High Court shall be transferred to the National Company Law Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall stand transferred to the NCLT with effect from 15.12.2016, which is situated at Chennai. 4. According to the petitioners, since a large number of cases under the Companies Act such as, company claims, company petitions, company applications, company suits, company cases, adjudication appeals, connected criminal complaints, miscellaneous company applications etc. are pending consideration before this Court, establishment of independent and separate NCLT bench for the State of Kerala at Kochi is absolutely necessary. It is also submitted that sufficient space is available at Kakkanadu, Ernakulam, wherein the Ministry of Corporate Affairs, Government of India had purchased 'Company Law Bhavan' for housing the offices of Regist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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