Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Namitabh Kothari (9930992660) (Advocate, 9930992660)     09 August 2012

What defence to take in company winding up petition

friends,

one big company has filed winding up petition against my client company which is a very small company.

my client was selling product of petitioner company but not paid his commission and still they had filed winding up petition on grounds of non-payment of money.

my client had written them many times about paying the commission and to sort the dispute but they do not want to pay the commission but still want my client to pay the dues !

what defence can be taken to protect my client - can I file counter-claim or set-off or a new winding up petition against the big company ?

please also suggest any other technical or legal defence which can be taken up?

looking forward to help and guidance from all of you !

thanks in advance

Namitabh



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 August 2012

Mr.Namitabh,

 

Meeting of the Creditors [Section 500]- Where it is proposed by the creditors’ of the company to wind up the company voluntary, the meeting of the creditors of the company must be called on the day, or the day next the following day, on which the general meeting of the company at which the resolution for voluntary winding up is to be proposed and the notice of the meeting of the creditors is to be sent to all the creditors along with the notice of the general meeting of the company.[2] The Board of Directors of the company shall present before the creditors full statement of the position of the company’s affair together with the list of creditors of the company and the estimated amount of their claims.

(b)               Notice of resolutions to be given to Registrar [Section 501] – Where at the meeting of the creditors any resolution is passed, the notice of such resolution shall be given to the Registrar within the 10 days of passing of such resolution.

1 Like

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR)     09 August 2012

dear learned colelague

 

Please send me winding petition copy and after going thru the same  I can advise you further.

 

dr vedula gopinath

advocate and corproate advisor

1 Like

Namitabh Kothari (9930992660) (Advocate, 9930992660)     09 August 2012

Dear Gopinath Sir,

I will send you the scanned copy of the petition.

please send your email id in PM ! ! !

thank you very much for helping me ! ! ! !

regards

Namitabh


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