Skip to content

CS Professional · Drafting, Pleadings and Appearances · Applications, Petitions and Appeals under Companies Act, 2013

A Court wound up Sagar Chemicals Ltd just before the 2013 Act commenced. A contributory wishes to appeal after commencement. Before which forum should the appeal be filed under Section 303?

The appeal goes to the authority that was competent to hear such appeals before the Act commenced. Section 303 fixes the forum by the earlier legal position, so the new NCLT or NCLAT structure does not decide where the appeal lies.

  1. AThe National Company Law Appellate Tribunal as a fresh appeal under the new Act
  2. BThe authority competent to hear such appeals before commencementCorrect
  3. CThe National Company Law Tribunal bench at the company's registered office
  4. DThe Registrar of Companies having jurisdiction over the company

Explanation

Section 303 says an appeal against such an order shall be filed before the authority competent to hear such appeals before commencement. The forum is determined by the pre-commencement position, not by the new Act's Tribunal structure.

Did you get it right without looking?

One question tells you little. A timed set on Applications, Petitions and Appeals under Companies Act, 2013 shows your real accuracy, how long you take and where you lose marks.

Practise Applications, Petitions and Appeals under Companies Act, 2013Free diagnostic mock

More Applications, Petitions and Appeals under Companies Act, 2013 questions