Where the petition is presented on the ground of default in delivering the statutory report to the Registrar, or in holding the statutory meeting, the Court may-(a) Instead of making a winding up order, direct that the statutory report shall be delivered or that a meeting shall be held; and
(b) Order the cost to be paid by any persons who, in the opinion of the Court, are responsible for the default.
Copy of Winding up order to be filed with Registrar ( Section 445)
On the making of a winding up order, it shall be the duty of the petitioner in the winding up proceedings and of the company to file with the Registrar a certified copy of the order, within thirty days from the date of the making of the order.
In computing the period of thirty days from the date of the making of a winding up order, the time requisite for obtaining a certified copy of the order shall be excluded.
Suits Stayed on winding up Order (Section 446)
When a winding up order has been made or the Official Liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, against the company, except by leave of the Court and subject to such terms as the Court may impose.
Effect of Winding up Order (Section 447)
An order for winding up a company shall operate in favour of all the creditors and of all the contributories of the company as if it had been made on the joint petition of a creditor and of a contributory.
(b) Order the cost to be paid by any persons who, in the opinion of the Court, are responsible for the default.
Copy of Winding up order to be filed with Registrar ( Section 445)
On the making of a winding up order, it shall be the duty of the petitioner in the winding up proceedings and of the company to file with the Registrar a certified copy of the order, within thirty days from the date of the making of the order.
In computing the period of thirty days from the date of the making of a winding up order, the time requisite for obtaining a certified copy of the order shall be excluded.
Suits Stayed on winding up Order (Section 446)
When a winding up order has been made or the Official Liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, against the company, except by leave of the Court and subject to such terms as the Court may impose.
Effect of Winding up Order (Section 447)
An order for winding up a company shall operate in favour of all the creditors and of all the contributories of the company as if it had been made on the joint petition of a creditor and of a contributory.
Is Copy of Winding up order to be filed with Registrar?
Reviewed by Hosne
on
9:12 AM
Rating: