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[Cites 0, Cited by 18] [Section 439] [Entire Act]

Union of India - Subsection

Section 439(5) in The Companies Act, 1956

(5)Except, in the case where he is authorised in pursuance of clause (f) of sub-section (1), the Registrar shall be entitled to present a petition for winding up a company only on the grounds specified in [clauses (b), (c), (d), (e) [(f) and (g)] [ Substituted by Act 65 of 1960, Section 162, for " clause (b), (c) and (e)" (w.e.f. 28.12.1960).] of section 433:Provided that the Registrar shall not present a petition on the ground specified in clause (e) aforesaid, unless it appears to him either from the financial condition of the company as disclosed in its balance sheet or from the report of [a special auditor appointed under section 233-A or an inspector] [ Substituted by Act 65 of 1960, Section 162, for " an inspector" (w.e.f. 28.12.1960).] appointed under section 235 or 237, that the company is unable to pay its debts:Provided further that the Registrar shall obtain the previous sanction of the Central Government to the presentation of the petition on any of the grounds aforesaid.