N.I.ACT

pkm (Querist) 17 February 2010 This query is : Resolved
zyZ Company wind up as per the order of high court.Official liquidator appointed. The necessary legal consequence was discharge of all the employees and officers from the services of the company including the Board of Directors. Xyz company before wind up has filled case against a EFG company under N.i.act.What will be the legal status of the case filled by XYZ company :
1. Who will pursue the case viz Ex board of Director or Official liquidator
2.If ex board of director, in what capacity.
If EFg company is also wind up , whether such type of provision are covered under N.I.act/ companies act

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Parveen Kr. Aggarwal (Expert) 17 February 2010
In case of winding up of a company, the official liquidator attached to the High Court may represent the company in all the pending litigation and he may prosecute the litigation.

If the company against whom proceedings under N. I. Act are pending, is also ordered to be wound up, the liability of the diretors or officers incharge of the accused company does not cease and they shall remain liable for the consequences of the offence committed by them.

Guest (Expert) 21 February 2010
i do agree

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