winding up petition

Winding-up proceedings – Commendable role being played by company court – a case study

Yes, it is also true that just because an opposite party has not appeared in the matter, a suit or a petition need not be allowed where there is no merit in the case. But, to be frank, there exist a prima facie case for the Petitioner in the above case. The Petitioner alleges a due, sent a notice, the notice has not been replied and the Petitioner approaches the Court for winding-up of the Company. The result of the judgment makes it clear that the Court will never favou..
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Dues of Petitioning creditor relating to period beyond scheme under implementation by Board and not forming part of scheme, bar u/s. 22(1) of SICA does not apply

Kothari Metals Ltd. vs. Indian steel & Wire Products Ltd. [(2008) 145 Comp. Cas 504 (Cal)] The Petitioners supplied goods to the Respondent company and part payments were made by the Respondent company to all the Petitioners except V. On a reference to the Board for Industrial and financial Reconstruction (BIFR) by the company, a [...]
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