Fetter on an executing court to not go behind decree is not placed on a Company Judge assessing a creditor’s winding-up petition founded on a decree

There is discretion available to the Company Judge in a creditor’s winding-up petition, both at the time of admission and at the post-advertisement stage; the Company Court may refuse to admit a winding-up petition founded on an ex parte decree if it finds the original claim or cause of action to be substantially mired in doubt.

CASE LAWS DETAILS

DECIDED BY: HIGH COURT OF CALCUTTA, IN THE CASE OF

Please become a Premium member. If you are already a Premium member, login here to access the full content.