winding up petition

If you want to file insolvency petition against the co., or orgnization, you can file it under sec 7 of the   insolvecy act .  You have to produce the list of creditors along with the petition.  If you have any immoveable properties you cannot file insolvecy petition.

Jurisidiction of this petition is Dist., and sessions judge.

Dear Mr.  Bimboshty,

You posted the following thread on 9th October, 2010

 Insolvency Petition Against Registered Financial Organisatio

which was answered. 

I DO NOT KNOW WHY ARE YOU OPENING A SEPARATE THREAD ON THE SAME SUBJECT?

Being an Advocate, once a lead is given - I had given the relevant sections of the Companies Act, 1956 in this matter - instead of reading the provisions and understanding it, you are asking basic questions.  This is totally unacceptable especially from a person who is an Advocate.

In the earlier thread you said that you are not a credit, but a debtor.   It only means that you are a debtor company.  If you are a debtor company, then where is the question of filing the winding up petition against oneself.  At best, you can seek winding up voluntarily.  But you say that you are not a company but an individual.  Both things cannot go together.  If you are an individual you cannot possibly be a debtor.  Come out clean - what is your status?

In this Forum, we are not trying to solve any riddle here, but trying to give legal view points.  Whereas you are hiding some facts with yourself, and then go on ask questions.

PLEASE STOP THIS PRACTICE OF OPENING SEPARATE THREADS ON THE SAME SUBJECT.

IN ANY CASE, CLOSE THIS THREAD AND COME ON YOUR ORIGINAL THREAD.

Dear All,

As a matter of fact, the query under consideration has already been responded to by Ld. Ramachandran and myself, I guess, adequately.

Please follow and act accordingly, if so desire.

Thank you Rajeev.

Bimboshty

Advocate

Mr. Ramachandran,

I am very sorry to say that you instead of giving correct answer, you are advising something else which is irrelavant here.  I may ask my doubts and expect some experts advise on that.  If you can able to give correct answer, then you can.  But it is not at all good on your part advising me to not to put basic questions.  You may be a great advocate but do not expect the same from others.  All are not equal. Some may be superior some may not.  Kindly avoid irritation.  Coming to subject matter, I asked a straight question.  You have not understood it.  I asked can a person at his individual capacity file an insolvency petition against a company or organisation which is registered under companies act 1956?  Do you think a person at his individual capacity may become a company? Here it is clear that a person cannot be a company.  Why confuse yourself and make others to confuse? It is very clear that companies registered under companies Act, 1956 are exepted.  A person who is my client suffering with paralysis stroke and lost his wife gone as a pastor in a church wanted to establish an educational institute for the poor.  He borrowed money for that good task.  But due to non-co-operation and ill health, he could not be able to establish and became bankruptcy.  He brought money from some banks, chitfund companies etc., If you are really intelligent, help him by giving your valuable advise. But do not critisige anybody.  I may not have much knowledge.  That is why I am learning from you all who are knoledge treasure.  I do not have any shame to put a question which is not known to me.  I feel great to learn which is unknown to me.  You said being an advocate.  Is it so guarantee that an advocate must know every basic?  I know so many advocates do not know basics.  For that reason shall we underestimate them?

If I am wrong, please forgive me. I dont mind for your words.  I feel great that I have good advocate who answered me and I expect positive answer from you only.  I am not hiding anything as you suspect. Any way thank you very much and I once again do not feel and try to help others.

bimboshty 

Advocate

Dear Mr. Bimboshty,

Yes, by saying being an Advocate, I attach importance and not in any way trying to belittle any one.  What I am saying is once a lead is given - as to what is winding up petition and what is the procedure and also the relevant provisions in the Company law - an Advocate is not again expected to repeat the same basic question.  That is what you have done here - by opening a new thread -.

You further go on to say that "Why confuse yourself and make others to confuse? - As an Advocate, let me repeat, you are not clear with your question - if some one has answered on the basis of the question posed, you say one is getting confused and in the process confusing others!

The other particulars about your client's position etc., is now you are revealing.  You did not disclose earlier.  If only you had given the above facts and posed the question - one would have easily understood that your question itself is wrong.  When these relevant facts are not revealed, how can you say that you have not hidden these facts. 

You ask a question, Is it so guarantee that an advocate must know every basic? - Agreed, every one cannot know every basic - the law is a vast ocean and every day one has to learn - even the greatest legal luminaries never claimed that they know everything.  But an Advocate must know the basic at least as to how to put a Question.  This itself you have not done.  That is a pity.

You say that there are so many Advocates who do not know the basics.  So what, I do not want to be one of them.  If you want, so you be.

I do not mind whether you mind my words or not.  But once in the Forum, I will express clearly what exactly I want to say (and I will have sound basis for what I have said.)

Bimbosty are u an advocate or just posing as an advocate , otherwise you should not have used such abrasive language against a fellow advocate.

I also request other fellow contributors to come havily against such persons. People are giving advice in good faith and there are various facets for same problem. Instead of appreciating such efforts using dirty words is most irritating and must be comdemned.

Mr. Ramachandran,

Leaving the subject matter you are going on critisiging one's personal ethics.  By this one can understand who is what.  You may say anything but if it is correct every one will listen. Otherwise no one listen or oblige.  Really I dont know how to question you. It is real fact..  Let us not make it bad to worse. Thank you for your kind attention towards unknown fellows.

Bimboshty

Advocate

Mr. Shshikumar,

Thank you for your advise and comment and I request you to tell me what abbrasive language used by me?  If any one interested to answer to a particular question, then he may answer in the forum.  But why they interfere into one's personal and professional life?  Is it right?  If any one finds any mistake, he may leave that question or attempt if he is able person. An eminent advocate like you should come forward to help to other advocates who are not well versed subject.  If this is also an abrasive language, I am helpless.  Sorry for the inconvenience. Thank you very much.

Bimboshty

advocate.

Dear Mr.Bimboshty,

When you cannot even put a question properly, it does not lie in your mouh to say as to whether an answer is correct or not.

Who cares whether one's reply is accepted or not.  I least bother, so long as I am sure as to what I am talking.

Yes, having made a blunder in putting a completely wrong question, you cannot question me at all. 

There is nothing bad or worse for me - for me a spade is a spade.

Mr. Ramachandran,

If you are so rigid then who cares you.  We too need not care your worthless words.  You dont forget that you did not understand the question at all.  For concealing for that you are doing all this mess.,  If you do not like my questioning you can keep quiet.  You cannot interfere into my personal pfofessional life.  As an advocate having ocean of knowledge, may not be a proper to behave like this.  You must stop interfering into my professional life. Even at this time, I am submitting myself respectfully. If you do not want it I cant help. Buy Buy.

Bimboshty

Advocate