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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.

1 [(2) The Tribunal shall--

(a) forward a copy of the order, within thirty days from the date thereof, to the Registrar who shall record the same; and

(b) direct the Company Liquidator or the person on whose application the order was made, to file a certified copy of the order, within thirty days from the date thereof such further period as allowed by the Tribunal, with the Registrar who shall record the same.]

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1. Subs.by Act 29 of 2020, s. 51, for sub-section (2) (w.e.f. 21-12-2020).

 

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