Legal Question in Civil Litigation in India

Need to know if we can file winding up petition against a company showing loss in b/l sheet for last 3 years and which ows us huge amount. And also can the company raise dispute after the said petition has been filed against them, to avoid winding up proceedings against them because when the debt itself is disputed the petitions can be dismissed.


Asked on 3/26/13, 5:35 am

2 Answer from Attorneys
Jayesh Desai Jayesh Desai

The company needs to show that it can successfully pay its debts, even though in loss, on due dates, then normally court would not disturb its status. Court would also consider, the employees employed by the Company, and their livelihood questions before passing any order.

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Answered on 3/27/13, 10:59 pm


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