2018 (11) TMI 1960 - HC - Companies Law

Maintainability of winding up petition against a foreign company - HELD THAT - The Court finds that the fact that the Appellant is not a company registered in India but outside India and in respect of whom documents have been delivered to the Registrar of Companies under Section 380 of the Companies Act 2013 was not brought to the notice of the learned Single Judge. The Court permits the Appellant to file a review petition before the learned Single Judge within four weeks raising the above issue which if so raised would be considered by the learned Single Judge in accordance with law. Till the disposal of the review petition by the learned Single Judge the impugned order shall be kept in abeyance. Appeal disposed of.

Summary

Issues involved: Delay in filing appeal, maintainability of winding up petition against a foreign company.

Delay in filing appeal: The delay in filing the appeal was condoned and the application was disposed of based on the reasons stated in the application.

Maintainability of winding up petition against a foreign company: The Appellant, a company registered outside India, argued that the winding up petition against it was not maintainable as documents had been delivered to the Registrar of Companies under Section 380 of the Companies Act, 2013. The Court noted that this fact was not brought to the notice of the learned Single Judge, who was informed that the Appellant needed more time to clear its dues to the Respondent. The Court allowed the Appellant to file a review petition within four weeks before the learned Single Judge to raise the issue of its foreign registration. The impugned order was to be kept in abeyance until the review petition was disposed of. The appeal was disposed of accordingly.