Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the respondent-company was liable to be wound up under section 433(b), (c) and (f) of the Companies Act, 1956.
Analysis: The petition was supported by the investigative material placed by the petitioner, the statutory notices issued by the Department of Company Affairs, and the publication of notice, none of which evoked any objection. The counter-affidavit did not dispute the company's inability to carry on business since incorporation and expressly stated that there was no objection to winding up or dissolution. On these facts, the Court recorded satisfaction that the company attracted the statutory grounds for winding up.
Conclusion: The company was held liable to be wound up under section 433(b), (c) and (f) of the Companies Act, 1956.
Final Conclusion: The winding-up petition succeeded and the respondent-company was ordered to be wound up, with the provisional liquidator continuing as liquidator under the Act.
Ratio Decidendi: Where the statutory grounds for winding up are established and there is no effective objection to dissolution, the company may be ordered to be wound up and a liquidator appointed in accordance with the Companies Act, 1956.