//National Company Law Tribunal Rules

National Company Law Tribunal Rules

Now when I am oh so exposed to the elements and yet human enough not to let go the last breath in vein without targeting the enemy…the archaic maze of the bureaucracy so unprepared for the `rebels in the mind and body and heart’…the `soul’ it seems is busy having the soup…so be it…so it makes 4some-Foursome of us …Body, Heart, Mind and Soul …in this order…Don’t be so funny soul…You are smoking a Cigar with a Soup…!!?? Are You…Ain’t You??
I am smitten by the idea ( and you know when an idea strikes a restless cigar smoking woman she can see the world in a tiny spec…that Section 114 of the NCLT Rules… The way it is `interpreted’ Needs to be AXED… these Rules are the `subordinate’ legislation…Most arbitrary and high handed …what else can a `subordinate’ variety sit on!! This, `MY DEAR PEOPLE’ is a `CHIRKUT’ variety legislation…a mere silly rule …so release the fuckin gas out of it lest it blow your money like smoke…and you know you earned it hard…So what does it say?
27.3.114 National Company Law Tribunal Rules, 2016
114. Inspection of the records.-
(1) The parties to any case or their authorised representative may be allowed to inspect the record of the case by making an application in writing to the Registrar and by paying the fee prescribed thereof.
(2) Subject to such terms and conditions as may be directed by the President by a general or special order, a person who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing
In this, the first section of 114 says that only the parties to any case or their authorized representative may be allowed to inspect the file… the second section of 114 says that a person who is not a party also may be allowed to inspect the files after obtaining permission by the Registrar…
The NCLT conveniently ignores the second part in its `interpretation’ or better said is its selective reading…So the mantra of the NCLT (National Company Law Tribunal) is to read the text of the NCLT Rules selectively…Why so? This is to keep `you and me’ the ultimate commoner, the commonest of the commons , `the wretch exposed to the elements’ OUT …So `you
And me’ are ousted from your own territory that is your money, which is in sovereign parlance `the right to property’…listen people `you and me’ know that the Indian State gives us no protection for life and liberty…so all in all we have to fend for ourselves …so how and why can we let an alien get away with our money…the money which you earned with your own sweat …your own hard work…without the unholy nexuses…
SO `you and me’ let’s REBEL …Dear ones do you see I have added `HEART’ to the `TRINITY’ of `body-mind-soul’…Oh what the `HEART’ yearns for is the `heart of the matter’ …SO CAPRE DIEM …SEIZE THE MOMENT…
Let us go then `YOU AND ME’…

Figure this …A company in retail is 16 years old and after its few beginning years it started expanding …nay protruding…you heard it right…`protruding’…so said because when a so called company starts increasing its size on overdrafts that put all the burden on the taxpayer …these overdrafts or bank loans are those that the company never intends to pay back and would merrily go the ` INSOLVENCY ’ route …Now this is bloody fuckin swapping… `swapping’ someone else’s money…the getting out by transferring money into other corporate outfits to escape liability…and siphon in and gulp the money of the creditors… Mind you, the banks also are creditors but `secured’ – this means when the company goes into liquidation after being declared an insolvent the banks that is the secured creditors have the first right on the company’s resources…so the banks are secure…but on whose shoulders?…Think…When a `you and me’ would ever default on a loan, that is, if we ever get one on the first place, we would not be spared without our skin being fleeced. But when somebody who has all the unholy nexuses with the banks gets the loan, it is made sure that he gets out unscathed…
One such company with such unholy nexuses has such a corporate veil. And these nexuses have seen to it that this corporate veil is not lifted so when the matter came before the National Companies Law Tribunal (NCLT) for insolvency, all the creditors who were not the `secured’ category were suitably kept out of the loop to hoodwink them…

By | 2018-10-16T12:34:25+00:00 June 14th, 2018|Soliloquy|0 Comments

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