shall not apply to any action taken by the liquidator of a company in respect of any offence alleged to have been committed in respect ... other provision of this Act relating to winding up of companies. Explanation.— The liquidator of a company shall not be deemed to be an officer
Companies Act, 1956
647. Saving of pending proceedings for winding up .-
Where the winding up of a company has commenced before the commencement of this ... shall apply in respect of any moneys paid into the Companies Liquidation Account whether before or after such commencement; and (ii) the other provisions with
direction and throw such a burden on the Company, because the finances of a Company in liquidation must be in a depleted and confused state ... Company Court in Company Jurisdiction and for my drawing the parallelism between the English Company Law and the Indian Company Law oh this point
continued not only in the interest of the Company but actually by the Company through its liquidator.
24. The fact that the present liquidator ... liquidation. The liquidator is, of course, a person who comes into existence after the liquidation. If a suit could have been brought by the Company
Consequently, the Official
Liquidator has been appointed the liquidator with usual
powers under the Companies Act, 1956 .
3. The Sub-Divisional Officer, Thane ... claim against the
debtor company. The adjudication of workmen's dues against
the debtor company in liquidation has to be made by the
liquidator
distribution of shares from the investment companies to the petitioner-company. That the three investment companies were advised to convert the shares, held as stock ... corporate body incorporated in Mauritius, became the holding company qua the three investment companies. That, liquidation was initiated in April, 1999, followed by the permission
order, the Official Liquidator, High Court, Bombay, was directed to perform all the functions of the liquidator of the said company as contemplated under ... Monark Enterprises and the company. Even the ledger book of the company for the year 1985 supports the transaction. The company has not produced
case of a foreign company doing business in India, there is only one Company and not as many companies as there are places in which ... charge created after the commencement of the Companies Act by a company will be void against the liquidator and any creditor of the company unless
jurisdiction of the company judge under Section 446 of the Companies Act. According to Mr. Guptaj the official liquidator was under a statutory duty ... Section 446 of the Companies Act and the learned company judge has jurisdiction to entertain such request of the liquidator to decide the question raised
which was confirmed by the National
Company Law Appellate Tribunal on appeals, the company in
liquidation, namely, Devas Multimedia Private Limited, through its
exDirector ... herein, which is the company which
moved the Tribunal for winding up the company in liquidation and
Shri Balbir Singh, learned Additional Solicitor General appearing