TMI Blog2021 (12) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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 conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... address the grievances made by the Appellants, at which time this Court was informed that the Appellant No.1 Company had been struck off from the register of companies vide a notice of striking off and dissolution dated 14th December 2018 issued by the ROC under Section 248(5) of the Companies Act, 2013 (the Act ). It is the Appellants case that they were not aware about the status of the company being changed to 'strike off ' by the ROC in 2018. 4. This Court accordingly directed the Appellants to attend the office of the ROC, Mumbai, in order to resolve their grievances and the matter was stood over to 21st October 2021. On 21st October 2021, Ms. Yogini Chauhan, Deputy ROC, Mumbai, on instructions fairly informed this Court t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. 7. On the other hand, Mr. Shah, Learned Advocate for the Official Liquidator, contended that even though the officer of the ROC has stated that the status may have been changed due to inadvertence, the provisions of the Act oust the jurisdiction of this Court since exclusive jurisdiction to determine any issue arising under the Act lies with the NCLT. He drew our attention to Section 252 of the Act, which provides that any person aggrieved by an order of the Registrar, notifying a company as dissolved under Section 248, may file an appeal to the Tribunal within a period of three years from the date of the order of the Registrar and if the NCLT is of the opinion that the removal of the name of the company from the ROC is not justified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve the powers to pass orders under Section 252 of the Act since the exclusive jurisdiction lies with the NCLT. It would be apposite to reproduce Sections 250 and 252 of the Act, which read thus: 250. Where a company stands dissolved under section 248, it shall on and from the date mentioned in the notice under sub-section (5) of that section cease to operate as a company and the Certificate of Incorporation issued to it shall be deemed to have been cancelled from such date except for the purpose of realising the amount due to the company and for the payment or discharge of the liabilities or obligations of the company. 252. (1) Any person aggrieved by an order of the Registrar , notifying a company as dissolved under section 248 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under subsection( 5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
