Shailja Agarwal

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Associate with the Dispute Resolution Team at the Mumbai office of Cyril Amarchand Mangaldas. Shailja has graduated from the WB National University of Juridical Sciences in 2018. She can be reached at

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A question that has often come up since the Companies Act, 2013 (the 2013 Act) came into force is how will proceedings ongoing before the High Courts be transferred to the National Companies Law Tribunal (NCLT)? Section 434(1)(c) of the 2013 Act deals with transfer of “all proceedings” under the Companies Act, 1956[1] to the NCLT. For winding up proceedings, this provision states that only such proceedings relating to winding up, which are at a…