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

Which fact pattern falls within the scope of Section 303?

The fact pattern within Section 303 is a court's winding-up order made immediately before commencement, against which an appeal is sought. The section covers only such pre-commencement winding-up orders and their appeals, not later Tribunal orders or non-winding-up orders.

  1. AA winding-up order passed by a Tribunal a year after commencement of the Act
  2. BAn order of the Registrar striking off a company's name before commencement
  3. CA court's winding-up order made immediately before commencement, against which an appeal is now soughtCorrect
  4. DAn order sanctioning a scheme of arrangement passed after commencement

Explanation

Section 303 deals with orders made by a Court in winding-up proceedings immediately before commencement and appeals against them. Post-commencement Tribunal orders and non-winding-up orders are outside its wording.

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