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minsal (Jr. Advocate)     05 September 2017

Winding up petition before nclt

I have filed a company petition before the Hon'ble Mumbai High Court. The Said Petition was transferred to NCLT but as I am not aware that in transferred matter, the High Court has fixed a time limit upto July 2017 for service of Notice through tribunal. unfortunately that period is lapsed and on adjourn date due to unavoidable circumstances I was unable to attend the matter and my matter is dismissed for want of prosecution. I then make an application for restoration and Hon'ble Tribunal directed me to serve the notice vide form No -5 and my restoration application kept pending but in order nothing is mentioned about the same and the matter is simply adjourn to 15th September 2017. When I attended the office of NCLT for submitting the form No. 5 the registrar refused to accfept the same stating that without court's order hi will not issue the notice vide form No. -5.

     Please help and guide me that what should I do? I am new to NCLT and this is my first matter and it's damaged like this. please help me to sort out this problem.



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 3 Replies

Adv. Vinit J. Mehta (Lawyer )     09 September 2017

Hi Minsal

There was a notification passed vide which appropriate steps were required to be taken in the case of transfered winding up proceedings from High court. The date given was 15 July, 2017 by which appropriate forms were required to be submitted, failing wehich the Petition gets abeted. In your case without approval of court you would not be allowed to file Form 5. Apart from your restoration application, you will also have to prepare condonation of delay application for submitting Form 5 stating reasons for delay. However you need to understand that ther is no express provision in IBC for restoration or condonation of delay. On 15 Sep 2017 at the time of hearing while arguments you will have to make submissions to that effect explaining the reasons of delay and requesting for restoration of your Pettion. Alternatively you can get your Pettion restored and withdraw it with a liberty to file it afresh. In case you need any help please feel free to contact me. I appear and represnt clients regularly before Mumbai NCLT in IBC, Oppresion and Mismanagement matters & Scheme matters. 

Regards 

Adv. Vinit J. Mehta

vinitmehta_1987@yahoo.com , vinitmehta1987@gmail.com 

9892530442

1 Like

Chase C. Hackett   15 December 2017

Please help and guide me that what should I do? I am new to NCLT and this is my first matter and it's damaged like this. please help me to sort out this problem. Chinese Buffet Near Me Now

amin2002   25 January 2018

I should say hi is the best guide for me and i must do the smae thing every time becasue im new her, but not matter if that winding up to fast so i will give ma best to figure out that solutions as i can. comment avoir des gemmes gratuites sur clash royale

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