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New Companies Rules not binding till Publication in official gazette – HC
Case Law Details
- Case Name
- Scheme of amalgamation of Wadala Commodities Limited with Godrej Industries Limited (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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CA Sandeep Kanoi, CS PC Agrawal
Bombay High Court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has stated that gazetted copy of many MCA rules are not available, hence in the opinion of the court they are not binding so far or at least from 1st April 2014.
The order says: “..till such time as these rules are gazette, or there is some provision made for the dispensation of official gazette notification, none of the rules in the Ministry of Corporate Affairs PDF document that are not yet gazette can be said to be in force.R...
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There is a concept of ‘back-date’ which is very popular with this Ministry i.e MCA. The Rules which are available through Gazette Notification are also applicable from 01.04.2014 although they have been published at a latter date. MCA will do the same thing with respect of other Rules and the said Rules will also be applicable from 01.04.2014. With the concept of ‘Back-Date’, MCA will validate the Rules, which are available in the Statement of Notification at MCA portal. The said statement is not a legal paper having no legal relevance. The Rules will be applicable from 01.04.2014 but will be published at later date. Same act MCA has already done with respect to Rules which are already available…STRANGE BUT REALITY…!!!