9911796707
TMI Blog2021 (12) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... n OLR No. 1 of 2020, which was filed inter alia seeking a direction to the Registrar of Companies (ROC) to mark the companies enclosed at Exhibit I to the OLR as 'Active' and permit the Official Liquidator to remove these companies from the register of the voluntary liquidation companies maintained by the Official Liquidator. 2. The 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. 3. Accordingly, on 15th October 2021, this Court requested Ms. Yogini Chauhan, Deputy ROC, Mumbai, to remain present before this Court in order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings) Rules, 2016, to contend that this Court had exclusive jurisdiction to deal with pending matters relating to voluntary winding up. He submitted that any other reading of Section 248 of the said Act would result in redundancy. He also relied upon Section 518(1)(a) of the Act to contend that this Court on an application from the Official Liquidator or any contributory or creditor, can determine any question arising in the winding up of a company. He further submitted that if the Appellant No.1 Company has to approach the National Company Law Tribunal (NCLT), the Appellant No.1 Company would be severally prejudiced as substantial time of the Appellants would be taken in litigating the aspect of the status of Appellant No.1 Company. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch expressly bars the jurisdiction of the Civil Court to entertain any suit or proceedings in respect of any matter which the NCLT is empowered to determine under the Act. 9. After hearing the Learned Advocates for the parties, we do not agree with the submissions made by the Learned Advocate for the Appellants for more than one reason. 10. 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 powe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es either inadvertently or on the basis of incorrect information furnished by the company or its directors, which requires restoration in the register of companies, he may within a period of three years from the date of passing of the order dissolving the company under section 248, file an application before the Tribunal seeking restoration of name of such company. (2) A copy of the order passed by the Tribunal shall be filed by the company with the Registrar within thirty days from the date of the order and on receipt of the order, the Registrar shall cause the name of the company to be restored in the register of companies and shall issue a fresh certificate of incorporation. (3) If a company, or any member or creditor or workman ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lants obtain necessary orders from the NCLT for restoring the name of the Appellant No.1 Company in the register of companies, the Appellants are at liberty to approach this Court to agitate their grievances raised in the present Appeal. 13. In view of the issue discussed above, we have not considered the Appeal on its merits and accordingly, the rights and contentions of the Appellants and the Official Liquidator are expressly kept open in that regard. 14. We request the NCLT to take into consideration the statement made by the officer of the ROC before us and as recorded above, in order to expeditiously dispose of the Appeal, if filed by the Appellant under Section 252 of the Act. 15. In the aforestated circumstances, this Appeal is di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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