https://www.taxtmi.com/caselaws?id=101282 A petition for oppression and mismanagement under sections 397 and 398 of the Companies Act, 1956 could not be converted into a winding-up petition under section 433(f), because the two remedies are distinct in purpose, procedure and consequence. The court held that the special requirements governing oppression and mismanagement proceedings cannot be bypassed by merging them with a winding-up claim. It further held that winding up on the just and equitable ground requires a prima facie case on the pleadings and circumstances, and that the availability of an alternative statutory remedy weighed against such relief. No prima facie case for winding up was made out. en-us Fri, 25 Jan 1985 00:00:00 +0530 Thu, 09 Feb 2012 12:38:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101282 A petition for oppression and mismanagement under sections 397 and 398 of the Companies Act, 1956 could not be converted into a winding-up petition under section 433(f), because the two remedies are distinct in purpose, procedure and consequence. The court held that the special requirements governing oppression and mismanagement proceedings cannot be bypassed by merging them with a winding-up claim. It further held that winding up on the just and equitable ground requires a prima facie case on the pleadings and circumstances, and that the availability of an alternative statutory remedy weighed against such relief. No prima facie case for winding up was made out. Case-Laws Companies Law Fri, 25 Jan 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101282