1. The provisions of this Part, with respect to unregistered companies shall be in addition to and not in derogation of, any provisions hereinbefore in this Act contained with respect to the winding up of companies by the Tribunal.
2. The Tribunal or Official Liquidator may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by the Tribunal or Official Liquidator in winding up of companies formed and registered under this Act:
Provided that: an unregistered company shall not, except in the event of its being wound up, be deemed to be a company under this Act, and then only to the extent provided by this Part.
Legal Commentary & Landmark Judgments: Section 377
Section 377 of the Companies Act, 2013 declares that the provisions of Chapter XXI governing unregistered companies are cumulative, operating in addition to, and not in derogation of, general winding-up remedies and statutory powers.
In litigating the winding up of an unregistered entity, invoke Section 377 to apply the broad investigative, avoidance, and misfeasance powers of the NCLT (such as Sections 337 to 342) against partners and managers. Section 377 guarantees that liquidators of unregistered companies possess all the statutory enforcement weapons available in standard company liquidations.