Chapter VI - Proceedings and Procedures - Petition for Winding up, Provisional Liquidator, Winding up Order, and Statement of Affairs, (From Rule 101 to Rule 110)
Chapter VI - Proceedings and Procedures - Meetings of creditors or partners in a winding up by Tribunal and of creditors in a voluntary winding up (From Rule 168 to Rule 190)
Chapter VI - Proceedings and Procedures - Proxies in relation to meetings in winding-up by Tribunal and to meetings of creditors in a voluntary winding-up (From Rule 191 to Rule 200)
Chapter VI - Proceedings and Procedures - Monies due from partners in a winding up by the Tribunal including outstanding contribution, etc. (From Rule 206 to Rule 209)
Chapter VI - Proceedings and Procedures - Examination of person suspected of having property of LLP etc. and examination of partners, designated partners, officers etc., in connection with the fruad etc. (From Rule 210 to Rule 224)
Chapter VI - Proceedings and Procedures - Application against delinquent partners, designated partners and officers of the LLP (From Rule 225 to Rule 234)
Chapter VI - Proceedings and Procedures - Payment of unclaimed distributable sums and undistributed assets into the LLPs liquidation account in a winding up (From Rule 296 to Rule 298)
Petition for winding up: who may apply and the procedural admissibility and leave requirements for petitions. Petitioners entitled to apply for winding up of an LLP include the LLP, any partner, secured creditors (including contingent or prospective creditors), the Registrar, persons authorised by the Central Government, and the Central Government in specified cases; partners may petition despite full contribution or lack of distributable assets. The Registrar's petitions require prior Central Government sanction and must rest on accounts or an inspector's report indicating inability to pay. Petitions by the LLP or partners must include a statement of affairs and a three fourths partner resolution; contingent or prospective creditor petitions need the Tribunal's leave and reasonable security for costs where a prima facie case exists.
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.
Petition for winding up: who may apply and the procedural admissibility and leave requirements for petitions.
Petitioners entitled to apply for winding up of an LLP include the LLP, any partner, secured creditors (including contingent or prospective creditors), the Registrar, persons authorised by the Central Government, and the Central Government in specified cases; partners may petition despite full contribution or lack of distributable assets. The Registrar's petitions require prior Central Government sanction and must rest on accounts or an inspector's report indicating inability to pay. Petitions by the LLP or partners must include a statement of affairs and a three fourths partner resolution; contingent or prospective creditor petitions need the Tribunal's leave and reasonable security for costs where a prima facie case exists.
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