Foreign Company Allowed to Review Winding-Up Petition Dispute; Appeal Held in Abeyance Pending Resolution.

The delay in filing the appeal was condoned, allowing the application to proceed. The Appellant, a foreign-registered company, contested the maintainability of a winding-up petition, citing compliance with Section 380 of the Companies Act, 2013. The Ct. permitted the Appellant to file a review petition within four weeks to address the issue of foreign registration. The impugned order was held in abeyance pending the review petition's resolution, and the appeal was disposed of accordingly.

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Issues involved: Delay in filing appeal, maintainability of winding up petition against a foreign company.

Delay in filing appeal: The delay in filing the appeal was condoned and the application was disposed of based on the reasons stated in the application.

Maintainability of winding up petition against a foreign company: The Appellant, a company registered outside India, argued that the winding up petition against it was not maintainable as documents had been delivered to the Registrar of Companies under Section 380 of the Companies Act, 2013. The Court noted that this fact was not brought to the notice of the learned Single Judge, who was informed that the Appellant needed more time to clear its dues to the Respondent. The Court allowed the Appellant to file a review petition within four weeks before the learned Single Judge to raise the issue of its foreign registration. The impugned order was to be kept in abeyance until the review petition was disposed of. The appeal was disposed of accordingly.

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