MCA vide Order No. S.O. 2042(E) on Thursday, 29th June, 2017, has issued the Companies (Removal of Difficulties) Order, 2017 which shall come into force w.e.f. 29th June, 2017 with regard to pending proceedings for voluntary winding up where notice of the resolution by advertisement has been given, but the company has not been dissolved before the 1st April, 2017.
Vide said Order, in Section 434(1)(c), the third proviso has been amended by substituting ‘Provided also that’ in place of ‘Provided Further that’.
Also, after the said third proviso, a new proviso has been inserted which states that Pending proceeding relating to Voluntary Winding up where notice of the resolution by advertisement has been given, but the company has not been dissolved before the 1st April, 2017, shall continue to be dealt with in accordance with provisions of the Companies Act, 1956 & the Companies (Court) Rules, 1959.
The said Order can be accessed from the following link: MCA Order SO2042(E)_29.06.2017_Co(RemovalofDifficlties)Order2017