Company petition
minsal
(Querist) 05 September 2017
This query is : Resolved
Sir/s,
I have filed a company petition before the Hon'ble Mumbai High Court. The Said Petition was transferred to NCLT but as I am not aware that in transferred matter, the High Court has fixed a time limit up to July 2017 for service of Notice through tribunal. unfortunately that period is lapsed and on adjourn date due to unavoidable circumstances I was unable to attend the matter and my matter is dismissed for want of prosecution. I then make an application for restoration and Hon'ble Tribunal directed me to serve the notice vide form No -5 and my restoration application kept pending but in order nothing is mentioned about the same and the matter is simply adjourn to 15th September 2017. When I attended the office of NCLT for submitting the form No. % the registrar refused to accept the same stating that without court's order hi will not issue the notice vied form No. -5.
Sir/s, Please help and guide me what should I do? I am new to NCLT and this is my first matter and it's damaged like this. please help me to sort out this problem.
thanks in advance.
R.K Nanda
(Expert) 05 September 2017
ask concerned registrar to tell you the procedure about the service of respondents.
minsal
(Querist) 05 September 2017
sir,
he is not ready to co-operate. he said only one thing that as per high court direction you have not completed service. and we won't sent notice without tribunal's direction.
Rajendra K Goyal
(Expert) 06 September 2017
Should discuss in detail with some senior lawyer.