https://www.taxtmi.com/caselaws?id=96770 Section 218 of the Companies Act, 1913 does not give every creditor an automatic right to convert a voluntary winding up into a compulsory winding up; it preserves only the right of a creditor who is otherwise entitled to seek compulsory winding up on established grounds. The company is a necessary party to any such petition, and the merits cannot be examined if it is not impleaded. An amendment that would substitute the company for unrelated opposite parties was refused because it would fundamentally alter the proceeding, leaving fresh proceedings as the proper course. en-us Fri, 19 Aug 1938 00:00:00 +0530 Wed, 11 Jan 2012 10:34:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96770 Section 218 of the Companies Act, 1913 does not give every creditor an automatic right to convert a voluntary winding up into a compulsory winding up; it preserves only the right of a creditor who is otherwise entitled to seek compulsory winding up on established grounds. The company is a necessary party to any such petition, and the merits cannot be examined if it is not impleaded. An amendment that would substitute the company for unrelated opposite parties was refused because it would fundamentally alter the proceeding, leaving fresh proceedings as the proper course. Case-Laws Companies Law Fri, 19 Aug 1938 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96770