section 64, an LLP shall be deemed to be unable to pay its debts- (a) if a creditor, by assignment or otherwise, to whom ... satisfaction of the Tribunal that the LLP is unable to pay its debts, and, in determining whether a LLP is unable to pay its debts
liable to pay and has not been paid and therefore, the Company be
treated as unable to pay the debt or be deemed ... pay
the debt and therefore, the winding up power may be exercised. As
observed earlier, the question of presumption of inability to pay
the debt
Company, if it is found that the Company is
unable to pay its debts. Relying upon Section 434 , the learned counsel
would contend that once ... debt or
secure the debt to the satisfaction of the creditor within a period of three
weeks is deemed to be unable to pay
Company, if it is found that the Company is
unable to pay its debts. Relying upon Section 434 , the learned counsel
would contend that once ... debt
or secure the debt to the satisfaction of the creditor within a period of three
weeks is deemed to be unable to pay
succeeded in
satisfying the Court that the respondent is unable to pay its debts within
the meaning of Section 433 (e) of the Act; Company ... 2004 Page 2 of 19
appellant is unable to pay its debt and justify the order of the High Court. It is also
Securities & Exchange Board Of India vs Crb Capital Market Ltd. on 21 November, 2012
Malanpur Steel Ltd. vs Crb Capital Markets Ltd. on 21 November, 2012
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Reserve Bank Of India vs Crb Capital Markets Ltd. on 21 November, 2012
Author: Badar
been made to the RBI, and the
Respondents are unable to pay their debt.
19. The
petitioner further states that the company is commercially insolvent ... above mentioned facts it is claimed that the respondent is
unable to pay the debt and that therefore, provisions and eventuality
contemplated under Section