Secured creditors too can file winding up petition despite sufficiency of security

HIGH COURT OF CALCUTTA Kotak Mahindra Bank Ltd. versus Eastern Spining Mills & Industries Ltd. A.P.O. Nos. 469 & 470 of 2012, C.P. No. 493 of 2011 FEBRUARY 13, 2013 JUDGMENT Ashim Kumar Banerjee, J. Short question would involve in these appeals as to whether a secured creditor was within its right to maintain a petition for winding up without giving up its security and without pleading that the security they had, would be insufficient to satisfy their claim. 2. Eastern Spinning Mills and Industries Ltd., a company incorporated under the provisions of the Companies A...