Amended and updated notes on section 335 of Companies Act 2013. Detail discussion on provisions and rules related to certain attachments, executions, etc., in winding up by Tribunal to be void.
Chapter XX (Section 270–365) of the Companies Act, 2013 (CA 2013) deals with the provisions related to winding up. Section 335 of CA 2013 provides for certain attachments, executions, etc., in winding up by Tribunal to be void.
Recently, we have discussed in detail section 334 (Transfers, etc., after commencement of winding up to be void) of CA 2013. Today, we learn the provisions of section 335 of the Companies Act 2013.
The provisions of section 335 are effective from 15th December, 2016. You may refer Notification No. S.O. 3677(E) issued dated 7-12-2016. In this article, you will learn detail of the provisions of section 335 the Companies Act 2013.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XX |
| Chapter Name | Winding Up |
| Section No. | 335 |
| Section Name | Certain attachments, executions, etc., in winding up by Tribunal to be void |
| Monthly Updated Edition | Company Law PDF |
Section 335 of Companies Act 2013: Certain attachments, executions, etc., in winding up by Tribunal to be void
Section 335 shall come into force on 15th December, 2016 vide Notification No. S.O. 3677(E) dated 07.12.2016.
(1) Where any company is being wound up by the Tribunal, —
- (a) any attachment, distress or execution put in force, without leave of the Tribunal against the estate or effects of the company, after the commencement of the winding up; or
- (b) any sale held, without leave of the Tribunal of any of the properties or effects of the company, after such commencement,
- shall be void.
(2) Nothing in this section shall apply to any proceedings for the recovery of any tax or impost or any dues payable to the Government.