Continuation of pending legal proceedings
Section 370 of the Companies Act, 2013 deals with continuation of pending legal proceedings. All suits and other legal proceedings taken by or against the company, or any public officer or member thereof, which are pending at the time of the registration of a company in pursuance of this Part, may be continued in the same manner as if the registration had not taken place: Provided that exec The Act came into force on 01 Apr 2014.
All suits and other legal proceedings taken by or against the company, or any public officer or member thereof, which are pending at the time of the registration of a company in pursuance of this Part, may be continued in the same manner as if the registration had not taken place:
Provided that execution shall not issue against the property or persons of any individual member of the company on any decree or order obtained in any such suit or proceeding; but, in the event of the property of the company being insufficient to satisfy the decree or order, an order may be obtained for winding up the company 1[in accordance with the provisions of this Act or of the Insolvency and Bankruptcy Code, 2016 (31 of 2016)].
Section 370, The Companies Act, 2013 (Act 18 of 2013).
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In reply to this my attention has been drawn to reply to para-19 of the petition wherein the respondents have clearly disclosed their mind that in their opinion the contravention of Section 370 of the Companies Act has taken place. If such conclusion is reached by the authorities it cannot be contended that the authorities are not contemplating any action against the petitioners for such alleged contravention. Action would normally and logically include initiation of prosecution. In these circumstances, it …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 370
What does Section 370 of the Companies Act deal with?
Section 370 of the Companies Act is headed "Continuation of pending legal proceedings". All suits and other legal proceedings taken by or against the company, or any public officer or member thereof, which are pending at the time of the registration of a company in pursuance of this Part, may be continued in the same manner as if the registration had not taken place: Provided that exec
How do I find court cases under Section 370 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 370, section 370 Companies Act, section 370 of the Companies Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 370 of the Companies Act, and has it changed?
One instrument names it without being made under it, most recently Commencement notification dated 07.12.2016 (2016).
When did Section 370 of the Companies Act come into force?
Section 370 of the Companies Act, cited as Companies Act 370, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.