Winding up petitions: compulsory winding up allowed only where voluntary process cannot protect creditors' or contributories' interests. A petition for compulsory winding up may be presented during a voluntary winding up by persons authorised under the enabling provision or by the Official Liquidator. A judicial authority may not make a winding up order on such a petition unless satisfied that the voluntary winding up cannot be continued with due regard to the interests of creditors or contributories.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Winding up petitions: compulsory winding up allowed only where voluntary process cannot protect creditors' or contributories' interests.
A petition for compulsory winding up may be presented during a voluntary winding up by persons authorised under the enabling provision or by the Official Liquidator. A judicial authority may not make a winding up order on such a petition unless satisfied that the voluntary winding up cannot be continued with due regard to the interests of creditors or contributories.
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