2019 (3) TMI 1976

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....s.Prachi Johri, Advs. for Times Internet Ltd. O R D E R 1. Present petition is filed under Sections 433(e), (f), 434(1) (a) & (c) and 439 of the Companies Act, 1956 seeking winding up of the respondent Company. 2. Learned counsel for the respondent at the outset states that the admitted position is that the respondent Company, namely, Times Business Solution Ltd. has ceased to exist. This....

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....as stated that the respondent Company has amalgamated with Times Internet Ltd. Despite this knowledge, the petitioner has taken no steps as provided under Section 434(e) of the Companies Act. 5. Section 434(1) of the Companies Act reads as follows:- 434. (1) On such date as may be notified by the Central Government in this behalf,- (a) all matters, proceedings or cases pending before t....

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....an appeal within the said period, allow it to be filed within a further period not exceeding sixty days; and *(c) all proceedings under the Companies Act, 1956 (1 of 1956), including proceedings relating to arbitration, compromise, arrangements and reconstruction and winding up of companies, pending immediately before such date before any District Court or High Court, shall stand transfer....

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.... have not been transferred from the High Courts; shall be dealt with in accordance with provisions of the Companies Act, 1956 and the Companies (Court) Rules, 1959"] 4["Provided also that proceedings relating to cases of voluntary winding up of a company where notice of the resolution by advertisement has been given under sub-section (1) of section 485 of the Companies Act, 1956 but the c....