respondent company was unable to pay its
debts under Section 433 (e) of the Companies Act.
In the order under appeal dated ... respondent-company and, prima
facie, the ingredients of Section 433 (e) read with Section 434 (1)
(a) of the Companies Act were satisfied which necessitated
issued a notice dated 17.7.1995 to the respondent-company under Section 433(e) of the Act demanding payment of a total ... appellant he filed C.P. No. 71 of 1996 under Sections 433(e) and Section 439 of the Act for winding up of the respondent
This company petition is filed by the petitioner-company under Section 433(e), (f), read with Sections 434 and 439(1)(b) of the Companies ... Comp Cas 580 (Gauhati), the company petition was filed under Section 433(e) of the Act on the ground that the respondent-company was unable
issued a notice dated 17.7.1995 to the respondent-company under Section 433(e) of the Act demanding payment of a total ... appellant he filed C.P. No. 71 of 1996 under Sections 433(e) and Sec. 439 of the Act for winding up of the respondent
subsidiary company is liable to be wound up under Section 433(e) of the Act. He has taken this Court through correspondence between Walnut ... consideration: (i) Whether petitioner has made out a case under Section 433(e) of the Act for ordering publication of petition?; and (ii) Whether first
debt due to the petitioner-firm within the meaning of s. 433(e) read with s. 434(1)(a) of the Companies ... arise. It is further countered that the petition under s. 433(e) and (f) of the Companies Act is not maintainable any amount
company petition is filed under Sections 433(e), 434(1)(a) and (c) and 439(1)(b) of the Companies Act, 1956 , seeking for winding ... company by creditor before filing winding up petition, Section 433 (e) does not refer to any creditor. It only says that a company
represented by its manager, has filed this company petition under Sections 433(e) and 439 of the Companies Act, 1956 (for short "the Companies ... through their counsel, got issued statutory notices under Section 433(e) of the Companies Act, to the respondent and its guarantors, and in spite
ORDER
Ramesh Ranganathan, J.
1. This petition is filed, under Section 433(e), read with Sections ... recoverable, i.e., due and payable and not barred by limitation on the date of the petition. There is nothing in Section 433 to hold
petitioner, viz.,
M/s.Mauritius Commercial Bank Ltd., under Section 433(e) ,
434(1)(b) and 439 of the Companies Act, 1956 for winding ... stated that the company petition
filed under Sections 433 (e) , 434 (1)(b) and 439 of the
Companies Act, 1956 is not maintainable since
