TaxTMI 
TaxTMI 
2016 (12) TMI 1843
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.... to continue hearing of Company Cases having jurisdiction in State of Kerala by the Hon'ble High Court till NCLT Bench is established at Ernakulam for hearing of Company Cases; b) Issue a Writ of Mandamus or any other appropriate writ, order or direction to the 1 st respondent to establish NCLT Bench at Ernakulam on a time bound basis in the interest of justice. c) Pass such other orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case." 2. The Ministry of Corporate Affairs passed Ext.P1 order dated 7.12.2016, which may be called as 'the Companies (Removal of Difficulties) Fourth Order, 2016' and the same shall come into force with effect from 15.12.2016. By virtue of the said or....
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.... has made the said order to remove the difficulties mentioned therein. 3. Having gone through the said order, we are of the clear opinion that it is a policy decision of the Ministry of Corporate Affairs. In order to remove certain difficulties as enumerated in the impugned order, certain provisos are inserted in clause (c) of sub-section (1) of Section 434 of the Companies Act, 2013. By virtue of the said order, all proceedings under the Companies Act, 1956 other than the cases relating to winding up of companies that are reserved for orders for allowing or otherwise such proceedings or the proceedings relating to winding up of companies which have not been transferred from the High Court, shall be dealt with in accordance with the p....
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....y of Pondicherry. By virtue of the impugned order/notification (Ext.P1) the matters currently vested with the High Court of Kerala with regard to winding up of companies, approval of scheme of amalgamation, merger, de-merger and arrangements, reduction of capital etc., shall stand transferred to the NCLT with effect from 15.12.2016, which is situated at Chennai. 4. According to the petitioners, since a large number of cases under the Companies Act such as, company claims, company petitions, company applications, company suits, company cases, adjudication appeals, connected criminal complaints, miscellaneous company applications etc. are pending consideration before this Court, establishment of independent and separate NCLT bench for the S....