Petition for winding up: standing rules and procedural safeguards govern who may present and how petitions are admitted. Petitions to the Tribunal for winding up may be presented by the company, creditors (including contingent, prospective, secured creditors and debenture holders), contributories, the Registrar, authorised Central Government persons, and governments in specified cases. Contributories may present petitions despite fully paid shares or no distributable surplus, subject to shareholding/devolution conditions. The Registrar must obtain prior Central Government sanction for presentation in prescribed circumstances and provide the company an opportunity to make representations. Company petitions require a prescribed statement of affairs, contingent or prospective creditor petitions require Tribunal leave and security for costs, and the Registrar must be filed with and give views within sixty days.
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Petition for winding up: standing rules and procedural safeguards govern who may present and how petitions are admitted.
Petitions to the Tribunal for winding up may be presented by the company, creditors (including contingent, prospective, secured creditors and debenture holders), contributories, the Registrar, authorised Central Government persons, and governments in specified cases. Contributories may present petitions despite fully paid shares or no distributable surplus, subject to shareholding/devolution conditions. The Registrar must obtain prior Central Government sanction for presentation in prescribed circumstances and provide the company an opportunity to make representations. Company petitions require a prescribed statement of affairs, contingent or prospective creditor petitions require Tribunal leave and security for costs, and the Registrar must be filed with and give views within sixty days.
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