Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Companies Law - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

Seeking winding up of the respondent company - failure to pay ...

Case Laws     Companies Law

May 9, 2024

Seeking winding up of the respondent company - failure to pay debt in the normal and ordinary course of its business - The High Court notes the respondent company's consistent default in rent payment and the legal actions initiated against them. However, the court observes that no Provisional Liquidator or Official Liquidator has been appointed in the present petition, rendering it a non-starter. Considering the enactment of the Insolvency and Bankruptcy Code, 2016, and the Companies Act, 2013, during the proceedings, the court deems it appropriate to transfer the case to the National Company Law Tribunal (NCLT) as per Section 434 of the Companies Act, 2013.

View Source

 


 

You may also like:

  1. Winding up of company - Dues not paid - winding up petition is not a legitimate means of seeking to enforce payment of the debt which is bona fide disputed by the company - HC

  2. Seeking winding up of respondent company - Failure to pay outstanding dues - section 434 of the Companies Act, 1956 - The court noted the substantial unpaid amount...

  3. Winding up of Company - Inability to pay its debts - An Arbitrator, notwithstanding, any agreement between the parties, would have no jurisdiction to order winding up of...

  4. Seeking for an order of winding up of the respondent-company - As pointed out that striking of the name of the company should not come in the way of passing an order of...

  5. The Delhi High Court considered the winding up of an unregistered foreign company for non-payment of outstanding dues u/s 433(e) and (f) read with Sections 434 and 439...

  6. Winding up of the appellant company - Undeniably, in cases where the defence against the claim of debt is found to be moonshine or a sham, the petition for winding up...

  7. Penalty u/s 271D and 271E - creation/ assignment of debt and liabilities vide journal entries - These entries arise in the normal course of day to day business...

  8. Seeking winding up of company - if an applicant is not in a position to satisfy on the point of just and equitable ground, the tribunal may refuse to make an order for...

  9. Winding up petition - inability to pay debts - The disputes to the debt due as raised in the reply to the winding up petition are a mere after thought and without...

  10. Winding up petition - failure to pay the admitted liability/debt - in view liability being admitted the company is ordered to be wound up and the Provisional Liquidator...

  11. Winding up of respondent company under Section 433 (e) on the ground of inability to pay the debt - proof of bonafide debt - It is settled position in law that winding...

  12. Seeking restoration of name of company in the Register of Companies - Company had not filed their `Balance Sheet(s)’ and Annual Return(s)’ for more than 12 years - the...

  13. Winding up petition - company is unable to pay its debts - The respondent is not able to avoid statutory demand by raising any specific dispute and thus deserves to face...

  14. Winding up of the respondent company seeked - It is well settled that proceeding for winding up, is not a proceeding for the recovery of outstanding dues. Nor for that...

  15. Petition for Winding up – Demurrage Charges - Winding up petition was not a legitimate means to seek enforcement of a debt which was genuinely and bona fide disputed by...

 

Quick Updates:Latest Updates