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Winding up petition for nonpayment by NIOS under MHRD
14-Mar-2023 (In Recovery Law)
NIOS has not cleared our final dues including security deposit long over due now for over 1 year. Everytime they reply it is under process. Now we have run out of patience and want to file a winding up petition. Are there any rstrictions/exemptions to NIOS it being an autonomous body under the aegis of MHRD, Govt of India. I believe for contractual breach or misconduct one can seek recovery thru winding up petition? They have not responded to our legal notice served & received by them over 2 months ago under a copy to MHRD. MHRD replied they had fwded matter to NIOS. No response since then.
NIOS is not a company under the Companies Act, 1956. Therefore it is not possible to file a winding up petition against the same.
However you have other remedies. It is important to see whether the byelaws of NIOS provides for arbitration of disputes. If yes, then arbitration proceedings can be commenced. Secondly, if you have a liquidated sum to be claimed by NIOS and the same is admitted by NIOS, you can file a summary suit which is faster way of securing your money. I would be able to give you better advice once I discuss the documents with you in detail. Do contact if you wish to pursue the same. Regards
However you have other remedies. It is important to see whether the byelaws of NIOS provides for arbitration of disputes. If yes, then arbitration proceedings can be commenced. Secondly, if you have a liquidated sum to be claimed by NIOS and the same is admitted by NIOS, you can file a summary suit which is faster way of securing your money. I would be able to give you better advice once I discuss the documents with you in detail. Do contact if you wish to pursue the same. Regards
Helpful?
19+
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Adv. Shikhar Khare
Delhi | 100+ Answers
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there is no exemption for the govt from legal provision, including compulsary winding up, and/or recovery of dues by filing recovery petition, if is is a company. However we want to clarify that winding up petition is not a recovery suit. in winding up petition you seek compulsary winding up of the company, but in a recovery suit you file suit for recovery of your dues.in both the cases limitation act applied as usual.
regards.
vijyay babbar
regards.
vijyay babbar
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Adv. Vijay Kumar Babbar
Delhi | 25+ Answers
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