https://www.taxtmi.com/caselaws?id=101750 The company court's inherent powers under rule 9 of the Companies (Court) Rules, 1959, read with rule 6 and section 151 of the Code of Civil Procedure, extend to recalling a winding-up order where such relief is not inconsistent with the Companies Act, 1956. The statutory scheme in Part VII provides for winding-up procedure and stay of proceedings, but it does not exclude recall in appropriate circumstances. The court relied on the principle that inherent powers may be exercised to secure the ends of justice and prevent abuse of process. On the facts, the petitioning creditor had been satisfied and the other creditors did not object, so the winding-up order was recalled and set aside. en-us Fri, 03 Jun 1988 00:00:00 +0530 Fri, 04 May 2018 13:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101750 The company court's inherent powers under rule 9 of the Companies (Court) Rules, 1959, read with rule 6 and section 151 of the Code of Civil Procedure, extend to recalling a winding-up order where such relief is not inconsistent with the Companies Act, 1956. The statutory scheme in Part VII provides for winding-up procedure and stay of proceedings, but it does not exclude recall in appropriate circumstances. The court relied on the principle that inherent powers may be exercised to secure the ends of justice and prevent abuse of process. On the facts, the petitioning creditor had been satisfied and the other creditors did not object, so the winding-up order was recalled and set aside. Case-Laws Companies Law Fri, 03 Jun 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101750