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Companies Law - Highlights / Catch Notes

Home Highlights January 2016 Year 2016 This

Winding up petition - failure to pay the admitted liability/debt ...

Companies Law

January 19, 2016

Winding up petition - failure to pay the admitted liability/debt - in view liability being admitted the company is ordered to be wound up and the Provisional Liquidator is now appointed as Liquidator of the company. - HC

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  1. Winding up petition - recovery of debt - An effort was made to mislead the Company Judge - The petition for winding up shall stand admitted - HC

  2. Winding up petition - Parameters of admitted liability enabling the Court to pass the winding up order not met - HC

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  4. Winding up of Company - Inability to pay its debts - An Arbitrator, notwithstanding, any agreement between the parties, would have no jurisdiction to order winding up of...

  5. Winding up of company - Dues not paid - winding up petition is not a legitimate means of seeking to enforce payment of the debt which is bona fide disputed by the company - HC

  6. Winding up petition - dishonoring of cheques - The defence of KRIL for not paying IFL the admitted liability is not bona fide. - HC

  7. Winding up petition - non reply to statutory notice - commercial insolvency - as each of the companies are unable to discharge their debts, are commercially insolvent...

  8. Winding up petition - machinery for winding up will not be allowed to utilize merely as a means for realizing its debts due from a company - HC

  9. Petition for Winding up – Demurrage Charges - Winding up petition was not a legitimate means to seek enforcement of a debt which was genuinely and bona fide disputed by...

  10. Winding up petition - the machinery of winding up should not be allowed to be utilised merely as a means of realizing its debts. - HC

 

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