Company act 2013

Uday Kumar (Querist) 17 April 2015 This query is : Resolved
Dear Sir

As per Company Act 2013 where Windup Petition is filed .....earlier wind up petition was file din High Court ..

Regards
Uday Kumar

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B.Chakrapani Warrier (Expert) 18 April 2015
Please follow the procedures laid down in Companies Act,1956 since corresponding provisions in Companies Act,2013 are not implemented so far.

malipeddi jaggarao (Expert) 18 April 2015
As per the new Act 2013 the petition is to be filed in the Tribunal. The Provisions are as follows:
272. (1) Subject to the provisions of this section, a petition to the Tribunal for the winding up of a company shall be presented by—
(a) the company;
(b) any creditor or creditors, including any contingent or prospective creditor or creditors;
(c) any contributory or contributories;
(d) all or any of the persons specified in clauses (a), (b) and (c) together;
(e) the Registrar;
(f) any person authorised by the Central Government in that behalf; or
(g) in a case falling under clause (c) of sub-section (1) of section 271, by the Central Government or a State Government

But this section has not yet effective. Hence follow the Act 1956.

Rajendra K Goyal (Expert) 18 April 2015
Agree with the experts.

T. Kalaiselvan, Advocate (Expert) 25 April 2015
Agreed with the views of experts.

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