https://www.taxtmi.com/caselaws?id=109280 Default by the company in complying with the modified repayment schedule entitled the petitioner to implementation of the earlier winding-up directions, including appointment of a Provisional Liquidator and publication of citation, because the Court had already provided that those consequences would follow on default. Payments made by the company to the petitioner during the pendency of the winding-up petition were not automatically recoverable on the basis of relation back alone; bona fide settlement payments are not treated as part of a common fund unless they are shown to fall within fraudulent preference or another statutory ground of invalidity. The request to deposit those sums back in Court was therefore rejected. en-us Fri, 30 Jul 2004 00:00:00 +0530 Tue, 17 Apr 2012 11:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109280 Default by the company in complying with the modified repayment schedule entitled the petitioner to implementation of the earlier winding-up directions, including appointment of a Provisional Liquidator and publication of citation, because the Court had already provided that those consequences would follow on default. Payments made by the company to the petitioner during the pendency of the winding-up petition were not automatically recoverable on the basis of relation back alone; bona fide settlement payments are not treated as part of a common fund unless they are shown to fall within fraudulent preference or another statutory ground of invalidity. The request to deposit those sums back in Court was therefore rejected. Case-Laws Companies Law Fri, 30 Jul 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109280