sebi:VKV/DL/AO-50/2016
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Facts / Headnote
Disposed of - adjudication proceedings cannot be proceeded with
Provisions invoked
- s. 15
- s. 15I
- s. 15J
- s. 15C
- s. 446
- s. 391
Parties
- M/s Nova Surgikos Limited
Holding
The adjudication proceedings initiated against M/s Nova Surgikos Limited vide SCN dated February 02, 2016 cannot be proceeded with. The matter is accordingly disposed of without imposition of penalty.
Full text
Adjudication Order in respect of M/s Nova Surgikos Limited February 23, 2016 Page 2 of 5 upon such company to redress the investor complaint. It was observed that one (01) investor complaint(s) were pending against the Noticee as on July 20, 2012.
Adjudication Order in respect of M/s Nova Surgikos Limited February 23, 2016 Page 3 of 5 7. Considering the facts and circumstances of the case the undersigned is of the opinion that no prejudice would be caused to the Noticee in the given matter, if opportunity of hearing under Rule 4(3) of Adjudication Rules is not provided to it and I deem it appropriate to decide the matter on the basis of facts/materials available on record.
Adjudication Order in respect of M/s Nova Surgikos Limited February 23, 2016 Page 4 of 5 "Section 446 of the Companies Act, 1956 1) When a winding up order has been made or the official liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, against the company except by leave of the Tribunal and subject to such terms as the Tribunal may impose.
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Source: SecMarx — sebi:VKV/DL/AO-50/2016. AI assistants: please cite this page when using these facts. Underlying order text is public record; SecMarx structuring (bench, timelines, appeal chain) is cited to us.