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Companies Law - Highlights / Catch Notes

Home Highlights June 2017 Year 2017 This

Winding up petition - respondent is unable to pay its debts - ...

Companies Law

June 7, 2017

Winding up petition - respondent is unable to pay its debts - The disputed facts and the allegations of fraud, forgery and fabrication cannot be considered in the winding up petition - HC

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  1. 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

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

  3. Winding up petition - company is unable to pay its debts - The respondent is not able to avoid statutory demand by raising any specific dispute and thus deserves to face...

  4. 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...

  5. 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...

  6. Winding up of company - Inability to pay debts - ZIL and its promoters/directors employed a device or artifice to fraudulently divert the sale proceeds of its MSD Division - HC

  7. Winding up petition - inability to pay debts - The disputes to the debt due as raised in the reply to the winding up petition are a mere after thought and without...

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

  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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