When a criminal case u/s 420 of the IPC is going on against a company, can a winding up petition be filed against the same company by the same petitioner u/s 439 of the Companies Act, parallelly
1 Replies
Sunil S Nair
(Advocate & Legal Consultant)
(66 Points)
Replied 30 December 2014
The act however does not prohibits from filing a parellel case where civil suit is pending, winding up proceedings is not only in favour of petitioners but also shareholders, creditors etc pendency of a suit is not a bar to file a winding up petition for the same debt it can be filed but will be at the mere authority of the judge to decide on after proper filing and seeing the necessity of the case
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