Skip to content

CS Professional · Corporate Restructuring, Valuation and Insolvency · Winding-up by Tribunal under the Companies Act, 2013

A creditor of Delta Cables Ltd, in liquidation, is unhappy with the Company Liquidator's decision to reject part of his claim. What remedy does the Companies Act, 2013 give him?

He may apply to the Tribunal. Under section 292(4), any person aggrieved by an act or decision of the Company Liquidator can approach the Tribunal, which may confirm, reverse or modify the decision and pass any further just and proper order.

  1. AHe may apply to the Tribunal, which may confirm, reverse or modify the decision and make further ordersCorrect
  2. BHe may appeal directly to the Registrar of Companies, whose order is final
  3. CHe has no remedy until the final report is submitted for dissolution
  4. DHe may only seek a direction from the advisory committee, which is binding on the Tribunal

Explanation

Section 292(4) lets any person aggrieved by an act or decision of the Company Liquidator apply to the Tribunal, which may confirm, reverse or modify it and make such further order as is just. The Registrar has no such appellate role, and nothing postpones the remedy until the final report.

Did you get it right without looking?

One question tells you little. A timed set on Winding-up by Tribunal under the Companies Act, 2013 shows your real accuracy, how long you take and where you lose marks.

Practise Winding-up by Tribunal under the Companies Act, 2013Free diagnostic mock

More Winding-up by Tribunal under the Companies Act, 2013 questions