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Section 279 Of The Companies Act 2013: Stay Of Suits, Etc., On Winding Up Order

SECTION-279 (Stay of suits, etc., on winding up order) PART I-Winding up by the Tribunal under CHAPTER-XX (Winding Up) of the Companies Act, 2013

(1) When a winding up order has been passed or a provisional liquidator has been appointed, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, by or against the company, except with the leave of the Tribunal and subject to such terms as the Tribunal may impose:


Provided that any application to the Tribunal seeking leave under this section shall be disposed of by the Tribunal within sixty days.

(2) Nothing in sub-section (1)shall apply to any proceeding pending in appeal before the Supreme Court or a High Court.







Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link


(2) Section 279 of the Companies Act 2013 was notified by MCA Notification S.O. 3677(E) dated 7th December 2016 (w.e.f. 15th December 2016) - link

(3) The Companies (Winding Up) Rules, 2013 is yet to be notified.









This page was last updated on 5th May, 2017.

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