July 2023

Effect of winding up order The order for the winding up of a company shall operate in favour of all the creditors and all contributories of the company as if it had been made out on the joint petition of creditors and contributories. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax […]

Intimation to Company Liquidator, Provisional Liquidator and Registrar (1) Where the Tribunal makes an order for appointment of provisional liquidator or for the winding up of a company, it shall, within a period not exceeding seven days from the date of passing of the order, cause intimation thereof to be sent to the Company Liquidator or provisional liquidator, as

Removal and Replacement of Liquidator (1) The Tribunal may, on a reasonable cause being shown and for reasons to be recorded in writing, remove the provisional liquidator or the Company Liquidator, as the case may be, as liquidator of the company on any of the following grounds, namely:— (a) misconduct; (b) fraud or misfeasance; (c) professional incompetence or failure to

Company Liquidators and Their Appointments (1) For the purposes of winding up of a company by the Tribunal, the Tribunal at the time of the passing of the order of winding up, shall appoint an Official Liquidator or a liquidator from the panel maintained under sub-section (2) as the Company Liquidator. 1[“(2) The provisional liquidator or the Company Liquidator, as the case may,

Directions for Filing Statement of Affairs (1) Where a petition for winding up is filed before the Tribunal by any person other than the company, the Tribunal shall, if satisfied that a prima facie case for winding up of the company is made out, by an order direct the company to file its objections along with a statement of its affairs within thirty

Powers of Tribunal (1) The Tribunal may, on receipt of a petition for winding up under section 272 pass any of the following orders, namely:— (a) dismiss it, with or without costs; (b) make any interim order as it thinks fit; (c) appoint a provisional liquidator of the company till the making of a winding up order; (d) make an order

Petition for Winding Up (1) Subject to the provisions of this section, a petition to the Tribunal for the winding up of a company shall be presented by— (a) the company; (b) any contributory or contributories; (c) all or any of the persons specified in clauses (a) and (b); (d) the Registrar; (e) any person authorised by the Central Government in that

Circumstances in Which Company May be Wound Up by Tribunal  “ A company may, on a petition under section 272, be wound up by the Tribunal,— (a) if the company has, by special resolution, resolved that the company be wound up by the Tribunal; (b) if the company has acted against the interests of the sovereignty and integrity of India, the security of the

Modes of Winding Up The provisions of Part I shall apply to the winding up of a company by the Tribunal under this Act.”.] Amendment 1. (a) Substituted by Insolvency and Bankruptcy Code, 2016 Dated 15th November, 2016. For section 270 , 270. (1) The winding up of a company may be either — (a) by the Tribunal; or (b) voluntary. (2) Notwithstanding anything

Rehabilitation and Insolvency Fund [Omitted] Amendment 1 (a) Omitted by Insolvency and Bankruptcy Code, 2016 Dated 15th November, 2016. (b) The MCA Notification No. F.O. 3453(E) Dated 15th November, 2016, enforcing the related sections of Insolvency and Bankruptcy Code, 2016 Original Omitted Content– 269. Rehabilitation and Insolvency Fund (1) There shall be formed a Fund to be called