Can a petition for winding up be made by a profit making company? Discuss.

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2022
Can a petition for winding up be made by a profit making company? Discuss.

Answer & Explanation:

It cannot be contended that merely because the company is a profit making company, it cannot be wound up. Once the company court has come to the conclusion that substantial amounts are undisputedly due and payable by the company to the creditor, there is no question of dismissing the petition of winding up merely on the ground that the company is a profit making company. [Sicom Ltd. v. Entertainment World Developers (P.) Ltd. [2016] 134 CLA (Snr.) 5 (Bom.)] Hence, in view of the above, a petition for winding up be made by a profit making company.

Topics: Insolvency and Bankruptcy

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