Winding up petition
Damodar
(Querist) 31 January 2014
This query is : Resolved
Notice for winding up giving time for 21 days i.e. 3 weeks was given 1 year back still the debt is not paid by the company. so can i file a Windning up petition now without giving any notice? If yes provide citations too.
R.V.RAO
(Expert) 31 January 2014
i did differently. i wrote straight to the Registrar of companies of the state,under
copy to regional director -company law board.also copy to company law affairs(now mca) stating as to why the company should not be wound up for non payment of debt of more than Rs 500/-.a copy was marked to company's regd. office.
this worked well and got money back.company was scooters india limited.
Advocate. Arunagiri
(Expert) 31 January 2014
As per the Act, only the minimum notice period is mentioned. So you can file the winding up petition after one year.
What is the reply from the company?
Whether you have obtained the confirmation of debt?
R.K Nanda
(Expert) 31 January 2014
state full facts.
ajay sethi
(Expert) 31 January 2014
you can file winding up petition now although notice was issued more than a year back . you dont need citations for this proposition
Rajendra K Goyal
(Expert) 31 January 2014
You can file winding up petition, citation not provided in this section.
Devajyoti Barman
(Expert) 31 January 2014
Yes, it is fit case now for fling winding up petition.
Biswanath Roy
(Expert) 01 February 2014
No you shall have to serve statutory notice afresh because the alleged debts as shown in your earlier notice accrued interest after lapse of a year and hence, your statutory demand as debts has been increased.
Dr J C Vashista
(Expert) 01 February 2014
I agree with Sh. Biswanath Roy, statutory notice will have to be reserved (afresh) for current outstanding debt.
Advocate. Arunagiri
(Expert) 02 February 2014
A fresh notice is needed only in the case of new and additional claim from the company.
But, for winding up petition the old notice is enough. In the winding up petition, the creditor can claim the amount which he claimed in the statutory notice.
