Company amendment
Suraj Vishwakarma
(Querist) 01 September 2016
This query is : Resolved
Sir, i had sent winding up notice to company u/s 433 &434 of companies Act,1956 two days back. But today i seen notification which says that u/s 271 of companies act 2013 is effective from 1- july-2016.
U/s 271 has same effect of u/s 433&434.
My Question is when i file petition u/s 271 & 272 of companies Act, 2013 thus my petition will be considered and can opposite party can claim to dismiss the petition on ground that sufficient notice note served or it is sent under wrong section as new section already came on effective before serving of notice. Please give your valuable advice.
Ms.Usha Kapoor
(Expert) 02 September 2016
Yes! opposite party my file objections in their petition they are not served sufficient notice and thus deprived of aude altrem partem or hearing and quoting wrong section. The court may dismiss your case mainly on the ground of violation of principles of natural justice as you've failed to serve sufficient notice on the opposite party before filing winding up petition.
P. Venu
(Expert) 02 September 2016
May be, you will get an opportunity to cure the defect.
Rajendra K Goyal
(Expert) 02 September 2016
You can send revised quoting old and new sections.
Raj Kumar Makkad
(Expert) 02 September 2016
Your query is based upon assumptions and presumptions. Don't walk so long within a short span. Move ahead step to step. File petition, wait for their reply and only then if need arises, raise such query.
M V Gupta
(Expert) 11 September 2016
U can cure the defect of quoting wrong section and the Act, by sending a corrigendum to ur notice or as suggested by Shri Goyal issue a revised fresh notice quoting correct section and Act in supersession of ur earlier notice. This would be a preferable course to follow before u file the winding up application.
Guest
(Expert) 11 September 2016
Dear Suraj,
For academic query, you may take help of your tutor, but if facing a real problem, take help of a lawyer that may be expert in company laws, as claims & counter claims may be many and varied, the purpose of which may not be served by replies to your casual queries.
