IN RE Vs. DIANA BUILDWELL LIMITED

JUDGEMENT

(1.) The Petitioner Company viz. M/s. Diana Buildwell Limited was originally incorporated on 20th July, 2006 with registrar of Companies, Delhi. Subsequently the Company was converted to Public Limited vide certificate dated 10th June, 2008. The registered office of the Company was shifted to the jurisdiction of Registrar of Companies, Pune vide Regional Director's Order dated 31st May, 2016. The Petitioner Company is an Unlisted Public Limited Company and not registered under Section 8 of the Companies Act, 1956.

(2.) Petition under consideration was filed on 9th December, 2016 under the provisions of Sec. 14 of Companies Act, 2013 (herein below referred as "the Act"). At the outset, it is worth to reproduce the relevant portion of the Section as under:-

(3.) It is important to clarify that the transition period of Companies Act, 1956 into Companies Act, 2013 was fairly large; hence, in the interregnum, certain arrangements were made by the Ministry of Corporate Affairs, and one of such arrangements was in respect of the provisions of Section 14 of Companies Act, 2013. In this regard, during the hearing of this C.P., a notification dated 11.06.2014 is placed on record; relevant portion extracted below:- <FRM>JUDGEMENT_67_LAWS(NCLT)2_2017_1.html</FRM>