Manpreet (Manager) 09 October 2014

Winding up petition

A company hasnot paid the Full & final settlement amount to its employees who left the company.The compnay is exhisting as on date. one of the employees has filled winding up petition in kolkatta HC . The court has ordered the company to clear the F& F amount with interest withing three weeks.If the company fails to pay the amount,the ex employee can the about the defauls in two news papers (In the order it is mentioned).

My query is that

1. If the company doesnot pay within three weeks then,what action court will take against the company.

2. What the other employees can do? , as filling winding up petition is a costly affair.

Thanx in advance.

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2 Replies

ROHIT SHARMA (Legal Advisor ) 09 October 2014

1. If the H.C. has given such orders then they need to be executed upon such company through lower civil court. And even after such after Execution the company fails to do the needful then the remedy lies by filing a contempt petition before the same H.C. The winding of company was not deemed a prompt remedy by the H.C. and instead they have suo motto issued a a writ of mandamus.

ROHIT SHARMA (Legal Advisor ) 09 October 2014

1. If the H.C. has given such orders then needs to be executed upon such company through lower civil court. And even after such Execution the company fails to do then the remedy lies is to file a contempt petition before the same H.C. The winding of company is such case is not warranted.