https://www.taxtmi.com/caselaws?id=417309 Fraud-based winding-up proceedings under the Companies Act may be sustained on documentary and circumstantial evidence showing fraudulent formation and conduct of affairs, and the order will not fail merely because the petition was not advertised where no prejudice is shown. The limitation objection was rejected because fraud alleged as a continuing course of conduct is not governed mechanically by debt-recovery limitation principles. The Court also held that prior contractual termination, absence of an earlier fraud plea, and auditor's reports did not create estoppel, and refusal of late cross-examination caused no procedural unfairness. The factual findings of fraud were supported by the record and were not perverse. en-us Mon, 17 Jan 2022 00:00:00 +0530 Thu, 20 Jan 2022 12:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=417309 Fraud-based winding-up proceedings under the Companies Act may be sustained on documentary and circumstantial evidence showing fraudulent formation and conduct of affairs, and the order will not fail merely because the petition was not advertised where no prejudice is shown. The limitation objection was rejected because fraud alleged as a continuing course of conduct is not governed mechanically by debt-recovery limitation principles. The Court also held that prior contractual termination, absence of an earlier fraud plea, and auditor's reports did not create estoppel, and refusal of late cross-examination caused no procedural unfairness. The factual findings of fraud were supported by the record and were not perverse. Case-Laws Insolvency and Bankruptcy Mon, 17 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=417309