SANJIB BANERJEE, J.

Years of waiting to be paid its dues and the perceived daylight robbery in the company have prompted this petitioning-creditor to seek the immediate appointment of a provisional liquidator over the company even as the matter as to whether the company should be wound up is pending consideration. The petitioning-creditor asserts that if there is any modicum of corporate decency that the law in this country recognises and there is any meaning left to the principle of rule of law, there cannot be any second thoughts on its immediate prayer. The petitioning-creditor says that the conduct of those in management of the company makes a mockery of the process of law and exhorts the court to not merely sit by and endorse the alleged corrupt practices indulged in by the management.

As in every case under Section 450 of the Companies Act, 1956, the basis of the petitioning-creditor’s claim has first to be, prima facie, assessed and then the other grounds looked into. It is only upon finding a seemingly unimpeachable claim, that the court can proceed to investigate into the additional factors cited; for, the appointment of a provisional liquidator is an exceptiona