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Section 364 Of Companies Act 2013: Appeal By Creditor

SECTION-364 (Appeal by creditor) PART IV.—Official Liquidators under CHAPTER-XX (Winding Up) of the Companies Act, 2013

(1) Any creditor aggrieved by the decision of the Official Liquidator under section 363 may file an appeal before the Central Government within thirty days of such decision.


(2) The Central Government may after calling the report from the Official Liquidator either dismiss the appeal or modify the decision of the Official Liquidator.

(3)The Official Liquidator shall make payment to the creditors whose claims have been accepted.

(4) The Central Government may, at any stage during settlement of claims, if considers necessary, refer the matter to the Tribunal for necessary orders.







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 364 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.

(4) The Central Government has delegated the powers and functions vested in it under Section 364 to the Regional Directors vide MCA Notification S.O. 4090 (E) dated 19th December, 2016 - link







This page was last updated on 28th May, 2017.

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