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TMI Blog2019 (3) TMI 1976X X X X Extracts X X X X X X X X Extracts X X X X ..... ernet 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 company merged into Times Internet Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... malgamated 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 the Board of Company Law Administration (herein in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther 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 transferred to the Tribunal and the Tribunal may proceed to deal with such procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce 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 company has not been dissolved before the 1st April, 2017 shall continue to be dealt wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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