Maintainability of Second Winding Up Notice.
Daksh
(Querist) 13 September 2010
This query is : Resolved
Dear All,
After sending and getting reply to the first winding up notice the sendor chooses to prefer a winding up petition.
Subsequently he sends across second winding up notice which during proceeding before court are annexed by the respondent Company.
My question to all my learned collegues is whether ipso facto the second winding up notice is not maintainable in light of filing of winding up petition or otherwise the first legal notice is barred and could be possible to argue in court that in light of subsequent winding up petition the first one does not survive.
Last but not least is it possible that on same subject matter more than one winding up petition can be moved before Company Court.
Kindly enlighten me on this.
Thanking You in advance.
Best Regards
D
A
K
S
H
Chanchal Nag Chowdhury
(Expert) 13 September 2010
2nd.winding up notice is not maintainable.
2nd.winding up petition is not maintainable unless the 1st is withdrawn.
