Rules and Regulations of India

Law Library of Rules and Regulations of India

Section 118 – THE COMPANIES (COURT) RULES, 1959

118. Application for transfer of suit or proceeding

(1) An application under section 446(3) for the transfer to the Court of any suit or proceeding by or against the company pending in any other Court shall be made on notice to the Official Liquidator where he is not the applicant and to the parties to the suit or proceeding sought to be transferred.


(2) Where an order is made for the transfer of a suit or proceeding pending in any other Court to the Court, the Registrar of the Court shall transmit without delay a certified copy of the order to the Court in which such suit or preceding is pending, and that Court shall on receipt of the order, transmit the records of the suit or proceeding to the Court.


(3) Upon the making of an order for winding-up, all suits and proceedings by or against the company then pending or thereafter instituted in the Court or transferred to the Court, shall be assigned to and placed in the list of the Judge for the time being exercising jurisdiction under the Act.

Transfer of winding-up proceedings

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