Court, tribunal or person, etc., before whom affidavit may be sworn? What are the Powers of Tribunal to declare dissolution of company void? Section 355 and 356 of Indian Companies Act 2013
Court, tribunal or person, etc., before whom affidavit may be sworn and Powers of Tribunal to declare dissolution of company void are defined under Section 355 and 356 of Indian Companies Act 2013. Provisions under these Sections are:
Section 355 of Indian Companies Act 2013 "Court, tribunal or person, etc., before whom affidavit may be sworn"
(1) Any affidavit required to be sworn under the provisions, or for the purposes, of this Chapter may be sworn -
(a) in India before any court, tribunal, judge or person lawfully authorised to take and receive affidavits; and
(b) in any other country before any court, judge or person lawfully authorised to take and receive affidavits in that country or before an Indian diplomatic or consular officer.
(2) All tribunals, judges, Justices, commissioners and
persons acting judicially in India shall take judicial
notice of the seal, stamp or signature, as the case may be,
of any such court, tribunal, judge, person, diplomatic or
consular officer, attached, appended or subscribed to any
such affidavit or to any other document to be used for the
purposes of this Chapter.
Section 356 of Indian Companies Act 2013 "Powers of Tribunal to declare dissolution of company void"
(1) Where a company has been dissolved, whether in pursuance of this Chapter or of section 232 or otherwise, the Tribunal may at any time within two years of the date of the dissolution, on application by the Company Liquidator of the company or by any other person who appears to the Tribunal to be interested, make an order, upon such terms as the Tribunal thinks fit, declaring the dissolution to be void, and thereupon such proceedings may be taken as if the company had not been dissolved.
(2) It shall be the duty of the Company Liquidator or the person on whose application the order was made, within thirty days after the making of the order or such further time as the Tribunal may allow, to file a certified copy of the order with the Registrar who shall register the same, and if the Company Liquidator or the person fails so to do, the Company Liquidator or the person shall be punishable with fine which may extend to ten thousand rupees for every day during which the default continues.
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