Govt. of West Bengal filed an application for winding up of KTC Ltd in the Tribunal citing sec. 271 of the Companies Act, 2013 in the interest of sovereignty and integrity of India which was opposed by the company statin
CS Executive · Company Law · PYQS · December 2021
Govt. of West Bengal filed an application for winding up of KTC Ltd in the Tribunal citing sec. 271 of the Companies Act, 2013 in the interest of sovereignty and integrity of India which was opposed by the company stating that state government cannot file a petition for winding up. Is the claim of the company sustainable and why ?
Answer & Explanation:
Section 271(b) of the Companies Act, 2013 provides that a company may, on a petition under section 272, be wound up by the Tribunal if the company has acted against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality. Section 272(1) of the Companies Act, 2013 provides that subject to the provisions of this section, a petition to the Tribunal for the winding up of a company shall be presented by- the company; any contributory or contributories; all or any of the persons specified in clauses (a) and (b); the Registrar; any person authorised by the Central Government in that behalf; or in a case falling under clause (b) of sub-section (1) of section 271, by the Central Government or a State government. In view of the above provisions, the claim of the company is not sustainable as a State Government is explicitly authorized to file a petition for winding up under Section 272(1)(f) in cases falling under Section 271(b).
Topics: Company Law
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