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    <title>2026 (7) TMI 728 - KARNATAKA HIGH COURT</title>
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    <description>Transfer of pending winding-up proceedings under the fifth proviso to Section 434(1)(c) is presented as a discretionary power, not an automatic route to the NCLT. A former director is described as having only limited standing: broad enough to be heard as a connected party, but not enough to claim a right to represent the company after the Official Liquidator has taken charge. The notes state that delay, laches, acquiescence and lack of bona fides weigh heavily against transfer, especially where the winding up has continued for years, consequential proceedings remain pending, and liquidation has matured under court supervision. Advanced liquidation and related compliance, possession and misfeasance proceedings are identified as reasons to retain the matter before the High Court.</description>
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      <description>Transfer of pending winding-up proceedings under the fifth proviso to Section 434(1)(c) is presented as a discretionary power, not an automatic route to the NCLT. A former director is described as having only limited standing: broad enough to be heard as a connected party, but not enough to claim a right to represent the company after the Official Liquidator has taken charge. The notes state that delay, laches, acquiescence and lack of bona fides weigh heavily against transfer, especially where the winding up has continued for years, consequential proceedings remain pending, and liquidation has matured under court supervision. Advanced liquidation and related compliance, possession and misfeasance proceedings are identified as reasons to retain the matter before the High Court.</description>
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