Section 433   [ View Judgements ]

Circumstances in which company may be wound up by Court.


433. Circumstances in which company may be wound up by Tribunal.
CHAPTER II

WINDING UP BY THE 1[TRIBUNAL]

Cases in which company may be wound up by the 1[Tribunal]

2[433. Circumstances in which company may be wound up by Tribunal.

A company may be wound up by the Tribunal,-

(a) if the company has, by special resolution, resolved that the company be wound up by the Tribunal;

(b) if default is made in delivering the statutory report to the Registrar or in holding the statutory meeting;

(c) if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year;

(d) if the number of members is reduced, in the case of a public company, below seven, and in the case of a private company, below two;

(e) if the company is unable to pay its debts;

(f) if the Tribunal is of the opinion that it is just and equitable that the company should be wound up;

(g) if the company has made a default in -filing with the Registrar its balance sheet and profit and loss account or annual return for any five consecutive financial years;

(h) if the company has acted against the interests of the sovereignty and integrity of India, the security of the State, freindly relations with foreign States, public order, decency or morality;

(i) if the Tribunal is of the opinion that the company should be wound up under the circumstances specified in section 424G:

Provided that the Tribunal shall make an order for winding up of a company under clause (h) on application made by the Central Government or a State Government]

1. Subs. by Act 11 of 2003, sec. 50, for "'Court".

2. Subs. by Act 11 of 2003, sec. 51, for section 433.

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