CS Professional · Drafting, Pleadings and Appearances · Applications, Petitions and Appeals under Companies Act, 2013
A Company Secretary is advising Pragati Steels Ltd. A Court's winding-up order dated shortly before the 2013 Act commenced is to be challenged. The director suggests filing the appeal before NCLAT because 'all appeals now lie there'. Which advice best applies Section 303?
The director is wrong. Under Section 303 the appeal must be filed before the authority that was competent to hear such appeals before commencement, and the winding-up order's operation and enforcement are not affected by the new Chapter, so NCLAT is not the forum.
- AAgree, since the Act transfers every appeal to NCLAT on commencement
- BAdvise filing before the High Court Registrar for fresh winding-up under the new Act
- CAgree, but only if the Central Government notifies the transfer
- DDisagree; the appeal must be filed before the authority competent to hear such appeals before commencement, and the order stays enforceable meanwhileCorrect
Explanation
Section 303 fixes the forum as the pre-commencement appellate authority and says the order's operation and enforcement are not affected by the Chapter. The director's view ignores this. No notification condition appears in the text.
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