applications for winding up .-
(1) An application to the [Tribunal] for the winding up of a company shall be by petition presented, subject ... section (1). (3) A contributory shall be entitled to present a petition for winding up a company, notwithstanding that he may be the holder
also for an interim injunction restraining the
Corporation from presenting a winding-up petition under the
Companies Act, 1956 . The prayer for injunction was turned ... petition for winding-up the
Company in the Court. In reaching this conclusion it was
observed that if a winding-up petition is presented
admission of the company petition by filing reply affidavits. The company objected to the maintainability of the petition for winding up on the ground that ... petition and, therefore, the winding up petition has been filed without authority.
(g) The petition for winding up is malafide to enable the petitioner
made for
winding up the company. The workers also have a right of
appeal against a winding up order. But when a winding-up
order ... opportunity to contest
the petition, the voluntary winding-up proceedings or
winding-up under the supervision of the court would go on
without any such
writ petition is accordingly de-tagged
from Writ Petition (Civil) No.455 of 2019. The Registry is directed to
list this writ petition separately.
... petitioning creditor should
be alive even at the hearing of the insolvency petition. Obviously, if
at the hearing of the petition, the debt was time
payment that a company may make after the
date of the winding-up petition. On that basis any business would
practically have to he stopped ... winding-up. A clear distinc-tion was drawn
by the Division Bench between the period till the passing of the order for
winding
also apply to a banking company in respect of which
the winding-up petition was presented before the
commencement of the Amendment Act, that ... right to
execute had arisen before the presentation of the winding-up
petition.
709
HELD: (By full Court): Section 45-0 saved the execution
application
arises from an Operational Creditor’s appeal to
continue with a winding up petition that has been filed by the said creditor
way back ... post-admission position of the
winding up petition and accordingly held that only those petitions where a
winding up order is already made
down that winding up is obviously, and evidently, unavoidable.
(21) It is a settled proposition of law that a winding up petition ... appeal was, accordingly, allowed and winding up order came to be discharged. Similarly, for dismissal of a winding up petition where the company
statement in this affidavit. It was said, in objection to be petition for winding up, that appeals had been preferred from the various assessments which ... make a winding up order. In Buckley on Companies Acts, Edn. 11 at p. 356 it is said:
"A winding up petition
