Manxine Agencies Private Limited vs Registrar Of Companies West Bengal

Manxine Agencies Pvt. Ltd. ...Appellant

Vs.

Registrar of Companies, West Bengal ...Respondent

Present: Appellant: Mr. Shaunak Mitra, Mr. Kanishk Kejriwal, Mr. Ashish Garg, Ms. Simran Bajaj, Advocates. Respondent: Adv. Shiva Lakshmi, Adv. Madhav Bajaj.

ORDER

(Hybrid Mode) 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.

2. 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.

3. 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.

4. List this matter on 26.09.2025."

-2- 2. 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.

3. 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.

4. 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.

[Justice Yogesh Khanna] Member (Judicial)

[Mr. Ajai Das Mehrotra] Member (Technical) R.N./Manu