https://www.taxtmi.com/caselaws?id=101322 Rule 101 of the Companies (Court) Rules, 1959 is read to permit substitution of another creditor even after a winding-up petition has been dismissed at the instance of the original petitioner. The expression "allow it to be dismissed" is treated as broad enough to cover dismissal after withdrawal, so substitution is not confined to cases where the original petitioner remains before the court. A functus officio objection is rejected because a narrow construction would allow the petition to be defeated by procedural withdrawal and frustrate the rule's purpose. The substituted creditor may therefore continue the winding-up proceedings. en-us Fri, 20 Dec 1985 00:00:00 +0530 Thu, 09 Feb 2012 13:32:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101322 Rule 101 of the Companies (Court) Rules, 1959 is read to permit substitution of another creditor even after a winding-up petition has been dismissed at the instance of the original petitioner. The expression "allow it to be dismissed" is treated as broad enough to cover dismissal after withdrawal, so substitution is not confined to cases where the original petitioner remains before the court. A functus officio objection is rejected because a narrow construction would allow the petition to be defeated by procedural withdrawal and frustrate the rule's purpose. The substituted creditor may therefore continue the winding-up proceedings. Case-Laws Companies Law Fri, 20 Dec 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101322