Section 80 of cpc and winding up of a government company
N.J.
(Querist) 13 July 2012
This query is : Resolved
Dear all,
Could you please tell me whether a notice under Section 80 of C.P.C is to be mandatorily issued to a Government Company before filing a suit for its winding-up under Section 434 of the Companies Act, 1956?
N.J.
(Querist) 13 July 2012
It would be kind if you could cite a relevant judgment for the same.
Thank You
NJ
R.K Nanda
(Expert) 13 July 2012
Yes, it is mandatory.
Rajeev Kumar
(Expert) 13 July 2012
Concur the view of ld. Nanda
prabhakar singh
(Expert) 13 July 2012
I am sorry to differ with all of you as i do not think a govt. company incorporated under co.Act 1956 can by stretch of any imagination would be treated as STATE.
prabhakar singh
(Expert) 13 July 2012
How ever as a lawyer my practical advise is that whenever one is confused about the fact that a notice is statutorily required or not always send one that too for two months or 60 days unless limitation is likely to expire within those 60 days.
Anirudh
(Expert) 13 July 2012
Dear Mr. Prabhakarji,
Oflate, I find that experts are in a hurry to somehow first answer a query - whether the answer is right or not.
And there are umpteen number of other Experts who "agree with" or "concur with" the answer that precedes them.
I do not think that they ever even thought that before filing a petition under Sec. 434, one has to issue a statutory notice for 21 days to the Company. Once such a notice is issued, there is no need for any other notice u/s 80 CPC.
I pity the queriests, who are now a days getting some answers, such answers more often than not being incorrect / inaccurate.
prabhakar singh
(Expert) 13 July 2012
You are very much right Anirudh ji!
I deliberately suppressed those 3 weeks time
specifically mentioned in 434(1)(a) of the ACT,just to prove that none have read it yet have answered.
Guest
(Expert) 13 July 2012
Section 80 is attracted only if the case is proposed against the Government (Centre or State) or any Public (Government) Officer not on companies, irrespective of whether that is a Government Company (PSU). Only departments of the Governmennt, not the companies, fall within the category of Government, where Government is the established system of political rule; the governing power of the country consisting of the executive and the legislative or the executive only. In terms of section 17 IPC and sec. 3(23) of General Clauses Act, the Government shall include both the Central Government and any State Government, not any company.
Guest
(Expert) 13 July 2012
Thanks, Prabhakar ji, for compliments.
prabhakar singh
(Expert) 13 July 2012
i felt duty bound for such a logical approach Dhingra ji!
N.J.
(Querist) 14 July 2012
Dear all,
Thank you so much for your prompt replies. It is much appreciated.
