Commencement of winding up: voluntary resolution fixes start date unless set aside for fraud or mistake; otherwise begins on petition. Where a LLP passes a resolution for voluntary winding up before presentation of a petition, winding up is deemed to have commenced at the time of that resolution and proceedings in the voluntary winding up are valid unless set aside on proof of fraud or mistake; otherwise winding up by the Tribunal is deemed to commence on presentation of the petition.
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.
Commencement of winding up: voluntary resolution fixes start date unless set aside for fraud or mistake; otherwise begins on petition.
Where a LLP passes a resolution for voluntary winding up before presentation of a petition, winding up is deemed to have commenced at the time of that resolution and proceedings in the voluntary winding up are valid unless set aside on proof of fraud or mistake; otherwise winding up by the Tribunal is deemed to commence on presentation of the petition.
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