Company Law : Section 425 to Section 520 of the Companies Act, 1956 (Act, 1956) read with Companies Court Rule, 1959, deals with the provisions ...
Company Law : Winding up is a process by means of which the affairs of a company are wound up in a manner to dissolve the company and put an end...
Company Law : 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 ...
Company Law : (1) These rules may be called the Companies (Winding Up) Rules, 2020. (2) They shall come into force on the 1st day of April, 2020...
(1) These rules may be called the Companies (Winding Up) Rules, 2020. (2) They shall come into force on the 1st day of April, 2020. (3) These rules shall apply to winding up under of Companies Act 2013 (18 of 2013).
Section 425 to Section 520 of the Companies Act, 1956 (Act, 1956) read with Companies Court Rule, 1959, deals with the provisions of winding up. Since the provisions of the Companies Act, 2013 has not yet come into force, the provisions of the Companies Act, 1956 still governs the proceedings of winding up.
Winding up is a process by means of which the affairs of a company are wound up in a manner to dissolve the company and put an end to the life of a Company. In the process of winding up, the company’s assets and properties are administered for the benefit of the members and creditors of the Company. The administrator, called liquidator, realises its assets, pays its debts and finally distributes the surplus, if any, among the members/creditors, in accordance with their right as provided in the article of the Company.
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 favour winding-up of a Company or trouble the Company, unless there exist a strong case or there exist no option except to wind-up the Company if it is a winding-up Petition.
