1940 (5) TMI 15

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..... tion that the company be wound up voluntarily. section 207 provides that where it is proposed to wind up a company voluntarily and a declaration has been made and delivered in accordance with the section it is referred to in this Act as a "members' voluntary winding up" but where no such declaration has been made it is referred to as a "creditors' voluntary winding up." section 209 and section s 2 .....

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..... Bat no specific provision is made with regard to what is to happen to the winding-up in such circumstances. Under the analogous section of the English Companies Act, 1929, according to a note in the Hailsham edition of Halsbury's Laws of England at p. 761 : "Where such oversight has occurred in some cases applications have been made to the Court for confirmation of the appointment of a liquidato .....

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..... aims to be laid before such meeting of creditors, and the directors of the company shall appoint one of their number to preside at the said meeting. At such meeting the creditors will consider the question of nomination of a liquidator under the provision of section 209-B, and the appointment of a committee of inspection under section 209-C, and other questions dealt with in section s 209-D to H. .....

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