Kerala High Court Allows NCLT And Official Liquidator To Proceed With Winding Up Of Company Under 1956 Act

The Kerala High Court clarified the jurisdiction of the National Company Law Tribunal (NCLT) and the Official Liquidator in relation to pending company winding up cases under the Companies Act, 1956. The Court held that even though the Companies Act, 2013 has replaced the 1956 Act, matters initiated under the earlier regime do not abate automatically. The Official Liquidator retains the authority to proceed with winding up where petitions were admitted under the 1956 Act, unless the matter is specifically transferred to the NCLT. This ensures that creditors and stakeholders are not left remediless due to the transition between statutes. The judgment reinforces continuity of legal proceedings and clarifies procedural overlap between the two corporate legislations.