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1966 (11) TMI 47
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....and Co. (Smithfield, London) Ltd. In re [1922] 2 Ch. 369 ; Winterbottom ( Leeds) Ltd. In re [1937] 2 All. E.R. 232. Plowman J. stated the facts, read section 293 (1) of the Companies Act, 1948, commented that the company had not complied with the requirement that notice of the creditors' meeting should be sent simultaneously with the notice convening the meeting for winding up but that in the c....
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....instead of the person appointed by the creditors " - seems to suggest that the words "appoint" and "nominate," are really used interchangeably in the section. I take the view that where a meeting of the members has nominated or appointed a liquidator and no meeting of creditors has been held, nevertheless, until something is done about it at the instance of the creditors, the person nominated o....