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Judgment
28.10.2025 - This appeal is filed against an impugned order dated
04.09.2025 passed by the Ld. NCLT, Kolkata Bench in C.P. No. 223/KB/2021.
The impugned order is as follows:
“1. The registry is directed to issue notice to the ROC, West Bengal to appear on the next date hearing, failing which an appropriate order would be passed since sufficient time has been granted to the ROC to come up with reason to justify why he fails an attempt to initiate proceedings against the Company, in question, without any reason being furnished to them. Notice to be sent by way of speed post and by way of email and place the tracking information report on record.
Ld. Counsel Mr. Kanisk Kejriwal today handed over two more judgments in support of his contention that without furnishing reasons winding up order could not have been passed. The copies of the judgments are taken on record.
The Registry is directed to issue notice to ROC, West Bengal as well as SFIO, West Bengal to disclose the reasons for sanction of winding up under Section 271-272 of the Companies Act was given as appears from annexure- D to the petition dated 24.08.2021.
List this matter on 26.09.2025.”
The Learned Counsel for the appellant is aggrieved of the direction given by the Ld. NCLT to SFIO, West Bengal despite the fact SFIO was never in the picture.
Admittedly, the ROC has already given an explanation in compliance of order dated 20.09.2024 passed by the Ld. NCLT and thus the Learned Counsel for the appellant is only aggrieved of the fact there being no occasion for the Ld. NCLT to extend its jurisdiction and to give a direction to the SFIO, West Bengal, to disclose reasons for sanction of winding up. After arguments and on hearing the Learned Counsel for ROC, we agree to this submission.
Thus, the order dated 04.09.2025 is modified to an extent the notice/directions given to the SFIO, West Bengal stand quashed. The matter is already listed before the Ld. NCLT on 12.12.2025, therefore, there is no reason to continue with this appeal. The appeal is accordingly disposed of. Pending application(s), if any, are also closed.