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1961 (11) TMI 34 - SC - Companies LawWhether foreign creditors of a firm which was incorporated in England and carried on business in India can prove their claims in the winding up proceedings of the firm as an unregistered company in India? Held that:- It is clear from the observations that the winding up of the dissolved company incorporated in Russia was deemed to be the winding up of that very company and not of any fictitious company composed of the branch of that company in England. The main question before us, however, was deliberately left open for consideration later. The observations, however, go against the appellant's contention that the so called unregistered company which is being wound up should be deemed to be a separate entity from the original company incorporated in England. Thus both on account of the specific provisions of the Act and of the general principles, the view taken by the court below that foreign creditors can prove their claims in the winding up of the unregistered company is correct. Appeal dismissed.
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