Skip to content

CS Professional · Drafting, Pleadings and Appearances · Art of Advocacy and Appearances

A Section 8 company's compromise and arrangement proceeding under the Companies Act, 1956 was pending before a High Court immediately before the notified date, and the High Court had reserved orders on whether to allow it. Under section 434 as it now stands, how is it dealt with?

It continues under the Companies Act, 1956 and the Companies (Court) Rules, 1959. Section 434 transfers only non-winding-up proceedings where orders are not reserved, so a matter with reserved orders remains with the High Court under the old law.

  1. ATransferred to the Tribunal from the stage before transfer
  2. BDealt with under the 1956 Act and the Companies (Court) Rules, 1959Correct
  3. CDismissed, with liberty to file a fresh application before the Tribunal
  4. DTransferred to the Company Law Board

Explanation

Section 434(1)(c) transfers non-winding-up proceedings only if orders are not reserved by the High Courts. Proceedings reserved for orders are, under the last provisos, dealt with under the 1956 Act and the Companies (Court) Rules, 1959. The Company Law Board no longer receives transfers.

Did you get it right without looking?

One question tells you little. A timed set on Art of Advocacy and Appearances shows your real accuracy, how long you take and where you lose marks.

Practise Art of Advocacy and AppearancesFree diagnostic mock

More Art of Advocacy and Appearances questions