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

Kaveri Steels Ltd was ordered to be wound up by a Court before the Companies Act, 2013 commenced. A creditor now wants to challenge that order and is drafting an appeal. Where should the appeal be filed, as per the Act's saving provision on such orders?

The appeal must be filed before the authority that was competent to hear such appeals before the Act commenced. Section 303 preserves Court winding-up orders made immediately before commencement and their appeal route, so the new Tribunal is not the forum for this appeal.

  1. ABefore the authority competent to hear such appeals before the commencement of the ActCorrect
  2. BBefore the Tribunal constituted under the 2013 Act, as the Act now governs all winding-up appeals
  3. CBefore the Central Government through an application with prescribed fees
  4. DBefore the Registrar of Companies, who may refer it to the Tribunal

Explanation

Section 303 says the Chapter does not affect the operation or enforcement of any Court winding-up order made immediately before commencement, and an appeal against it is to be filed before the authority competent to hear such appeals before commencement. Filing before the new Tribunal is therefore wrong, and the Central Government and Registrar have no role in this appeal.

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