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TypeBare Act JurisdictionCentral Government

Companies Act, 1956 Section 440

Right to Present Winding Up Petition Where Company is Being Wound Up Voluntarily

~1 min read
https://sooperkanoon.com/act/11428

Bare act section · Research

About this section

Companies Act, 1956 Section 440 is part of Companies Act, 1956 - Right to Present Winding Up Petition Where Company is Being Wound Up Voluntarily. Read the section text below and explore Indian court judgments that cite it.

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Section Text

1 [440 . Right to present winding up petition where company is being wound up voluntarily

( 1 ) Where a company is being wound up voluntarily, a petition for its winding up by the Tribunal may be presented by --

(a) any person authorised to do so under section 439; or

(b) the Official Liquidator.

( 2 ) The Tribunal shall not make a winding up ord er on a petition presented to it under sub-section ( 1 ), unless it is satisfied that the voluntary winding up cannot be continued with due regard to the interests of the creditors or contributories or both.]

_____________________

1. Substituted by Act 11 of 2003, Section 56, for Section 440 (See Annexe).

Frequently asked questions

What does Companies Act, 1956 Section 440 provide?

Section Section 440 of the Companies Act, 1956 (Right to Present Winding Up Petition Where Company is Being Wound Up Voluntarily) is reproduced on this page as part of the Companies Act, 1956. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Companies Act, 1956 Section 440?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Companies Act, 1956 Section 440. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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