Examine the validity of Tribunal's order to wind up the company in the following circumstances: Petition is presented by a contributory on failure to repay matured deposits on time. Can the Tribunal pass any interim orde

CS Executive · Company Law · PYQS · June 2021
Examine the validity of Tribunal's order to wind up the company in the following circumstances: Petition is presented by a contributory on failure to repay matured deposits on time. Can the Tribunal pass any interim order or an order for winding up the company without costs after sixty days from the date of presentation of the petition?

Answer & Explanation:

Provisions of the Companies Act, 2013: A petition presented by a contributory on failure to repay matured deposits on time is generally **not a direct ground** where the Tribunal is entitled to pass an order for winding up under specific clauses like Section 271(a) to (d). However, the powers of the Tribunal under Section 271(e) of the Companies Act, 2013 are wide enough to allow the Tribunal to examine if, after considering the interest of the company, its employees, its creditors, shareholders and its general public, it would be **just and equitable** that the company should be wound up. Failure to repay matured deposits could be considered a strong indicator that it is just and equitable to wind up the company. The Tribunal may, on receipt of a petition for winding up under Section 272 of the Companies Act, 2013 , pass an order for the winding up of the company with or without costs or make any interim order as it thinks fit. Provided that an order specified above shall be made **within 90 days** from the date of presentation of the petition. Conclusion: In this second scenario, the Tribunal **does have the power to order for winding up** of the company if it finds it just and equitable, considering the failure to repay matured deposits. The Tribunal **can pass any interim order or an order for winding up** the company with or without costs, but such an order must be made **within 90 days** from the date of presentation of the petition, not necessarily after sixty days. The mention of 'after sixty days' in the question might be a misdirection, as the law specifies a maximum period of 90 days for the order.

Topics: Company Law

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