https://www.taxtmi.com/caselaws?id=794842 Transfer of pending winding-up proceedings to the NCLT under the fifth proviso to Section 434(1)(c) is discretionary, not mandatory. A former director has no automatic authority to represent the company after winding up, when its affairs vest in the Official Liquidator, although limited standing may be considered when exercising discretion. Extraordinary delay, failed earlier recall attempts and strategically timed transfer requests may demonstrate laches and lack of bona fides. Transfer is unwarranted where liquidation has substantially progressed under court supervision and related proceedings concerning the estate, former management obligations, possession or compliance remain pending, as a forum change may cause duplication, disruption and prejudice. en-us Tue, 23 Jun 2026 00:00:00 +0530 Mon, 13 Jul 2026 09:18:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=794842 Transfer of pending winding-up proceedings to the NCLT under the fifth proviso to Section 434(1)(c) is discretionary, not mandatory. A former director has no automatic authority to represent the company after winding up, when its affairs vest in the Official Liquidator, although limited standing may be considered when exercising discretion. Extraordinary delay, failed earlier recall attempts and strategically timed transfer requests may demonstrate laches and lack of bona fides. Transfer is unwarranted where liquidation has substantially progressed under court supervision and related proceedings concerning the estate, former management obligations, possession or compliance remain pending, as a forum change may cause duplication, disruption and prejudice. Case-Laws Companies Law Tue, 23 Jun 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=794842