Khanna, J.
1. The present petition for winding up under Sections 433(e) , 433(f) and 439 of the Companies Act, 1956 (hereinafter referred ... with it's obligations.
24. Debt for purposes of Section 433 (e) and 434 (1) (a) of the Act means a money owed
Babulal Vardharji Gurjar vs Veer Gurjar Aluminium Industries Pvt ... on 14 August, 2020
Equivalent citations
Company Court dismissing the winding up petition
under Section 433(e) read with Sections 434 and 439 of the Companies
Act, 1956 (Act, for short ... does not apply to a winding up petition under Section 433(e) read
with Sections 434 and 439 of the Act. The contention is legally
respondent company). This petition has been filed under Sections 433(e) , 434 and 439 of the Companies Act, 1956 (hereinafter referred ... Instruments Act were compromised and settled on 15th July, 2002. Section 433(e) of the Act can be invoked when a debt is due. Section
inability of the respondent-company to pay debt due under
Section 433(e) read with the presumption raised under Section ... catena of decisions has
held that an order under Section 433(e) of the
Companies Act is discretionary. There must be a
debt
Company Petition Nos. 191/2005 and 192/2005 under Sections 433(e), (f), Section 434 read with Section 439 of the Companies Act, 1956 (hereinafter ... Court in similar cases. While dealing with the scope of Section 433(e) of the Act, Supreme Court in the case of Madhusudan Gordhandas
Magpie Retail Limited, the respondent company under Section
433 (e) of the Companies Act, 1956 (hereinafter referred to as
Act, for short ... liability or debt due and payable, for the purpose of
Section 433 (e) r/w 434 (1)(a) of the Act.
In view
December, 2007 by which the winding up petition under Sections 433(e) ,
434 (1)(a) and 439 of the Act filed by Kotak Mahindra Bank ... which the statutory notice
dated 27th September, 2006 under Sections 433(e) / 434(1)(a) of the Act
was sent by registered post has been
winding-up proceedings initiated under Section 433(e) read with
Section 434(1)(e) of the Companies Act, 1956 before another court
which for some
Thus, when a winding up petition is filed under Section 433(e)
read with Section 434(1)(a) of the Act, the first aspect that
