440. [ Right to present winding up petition where company is being wound up voluntarily
(1)Where a company is being wound up voluntarily, a petition for its winding up by the Tribunal may be presented by-(a)any person authorised to do so under section 439; or(b)the Official Liquidator.(2)The Tribunal shall not make a winding up order on a petition presented to it under sub-section (1), unless it is satisfied that the voluntary winding up cannot be continued with due regard to the interests of the creditors or contributories or both.Commencement of winding up
