Appeals Abated due to Company Winding Up. Official Liquidator appointed as Liquidator. Failure to Respond.

The appeals were abated by the Appellate Tribunal CESTAT AHMEDABAD due to the winding up of the Appellant Company. The Hon'ble High Court appointed the Official Liquidator as the Liquidator of the respondent-company as the respondent failed to respond to the statutory notice, appear in court, or provide a defense. Despite the court order, no application for appeal continuation was made, resulting in the abatement of the appeals in accordance with Rule 22 of CESTAT (Procedure) Rules, 1982.

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Issues: Appeals abated due to winding up of the Appellant Company

The judgment by the Appellate Tribunal CESTAT AHMEDABAD involved the issue of abatement of appeals due to the winding up of the Appellant Company. The Appellant Company had been wound up, and a liquidator was appointed by the Hon'ble Gujarat High Court in disposing of the Company Petition No.43 of 2015. The learned Authorised Representative for the Revenue highlighted the order of the Hon'ble Gujarat High Court, which appointed the Official Liquidator as the Liquidator of the respondent-company with all powers conferred upon him under the Companies Act of 1956.

The Hon'ble High Court's order noted that the respondent had not given a reply to the statutory notice, did not appear before the court, and failed to provide any defense. Consequently, the court found that the case of the petitioner deserved consideration and allowed the petition, appointing the Official Liquidator as the Liquidator of the respondent-company. Despite the order being passed on 03.11.2015, there was no application for the continuation of the appeals, leading to the abatement of the appeals in accordance with Rule 22 of CESTAT (Procedure) Rules, 1982. The appeals were abated due to the failure to file for continuation following the winding up of the Appellant Company.

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