https://www.taxtmi.com/caselaws?id=97774 A winding-up petition is not decided by a head-count of creditors alone: the court retains a judicial discretion under the Companies Act to weigh all relevant circumstances, including the number and value of debts, the character of the creditors, the reasons for opposition, and the strength of the evidence supporting their wishes. A majority of opposing creditors is therefore not conclusive, though their views must be taken into account if properly proved. The absence of evidence from opposing creditors affects the weight to be given to their wishes, but does not by itself determine the result. On the facts discussed, the judge had considered proper matters and no error of law was shown. en-us Thu, 15 Dec 1960 00:00:00 +0530 Fri, 16 Feb 2018 11:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=97774 A winding-up petition is not decided by a head-count of creditors alone: the court retains a judicial discretion under the Companies Act to weigh all relevant circumstances, including the number and value of debts, the character of the creditors, the reasons for opposition, and the strength of the evidence supporting their wishes. A majority of opposing creditors is therefore not conclusive, though their views must be taken into account if properly proved. The absence of evidence from opposing creditors affects the weight to be given to their wishes, but does not by itself determine the result. On the facts discussed, the judge had considered proper matters and no error of law was shown. Case-Laws Companies Law Thu, 15 Dec 1960 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=97774