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

Which of the following orders falls within the specific protection given by Section 303?

The protected order is one made by a Court in winding-up proceedings immediately before the Act commenced. Section 303 is limited to such pre-commencement winding-up orders, not to Tribunal orders after commencement or to other kinds of orders such as those on charges or strike off.

  1. AAn order of the Tribunal admitting a petition for winding up after the Act commenced
  2. BAn order of a Court in winding-up proceedings made immediately before the Act commencedCorrect
  3. CAn order of a Court refusing registration of a charge made before commencement
  4. DAn order of the Registrar striking off a company's name after commencement

Explanation

Section 303 covers orders made by any Court in proceedings for the winding up of a company immediately before commencement. The other options involve post-commencement orders or matters other than winding-up orders of a Court.

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