Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2009 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (7) TMI 762 - HC - Companies LawWinding up - whether none of the statutory provisions, which are mandatory in nature for ordering winding up of the company, has not only been taken note of, but also followed in this case? Held that:- There is no dispute about the way in which the order of winding up is passed by the company court, i.e., the order of the company court is passed without following the mandatory statutory provisions, which is evident from paragraph 5 of the order, wherein the company court has categorically stated that on notice, the respondent has filed its counter disputing the averments contained in the company petition.Upon hearing the parties on pre-admission notice stage the impugned order of winding up is passed. As none of the mandatory statutory provisions are followed and on pre-admission notice and upon hearing the appellant-company it was directed to be wound up. Thus the order of the company court ordering winding up is quite contrary to the statutory requirements and in violation of the requirements, the order would amount to illegal order not supported by the statute, thus the order impugned in this appeal is set aside the matter is remitted to the company court to pass orders on the petition in accordance with the statutory provisions.
|