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1964 Supreme(Ker) 63

P.T.RAMAN NAYAR
GEORGE – Appellant
Versus
ATHIMATTAM RUBBER CO. LTD. – Respondent


Judgment :-

1. When this winding up petition, brought by a contributory under the just and equitable clause, came on for admission, Mr Meenattoor entered appearance for the company and asked for an opportunity to be heard on the question whether the petition disclosed a case for ordering a winding up. Subsequently the company made an application praying for the dismissal of the winding up petition in limine on the score

that it disclosed no adequate grounds, that it was prompted by mala fides, and that the petitioner, if he was really aggrieved, had other remedies and was acting unreasonably in seeking to have the company wound up instead of pursuing those other remedies.

2. The very institution of a winding up petition against a company, more so its advertisement, adversely affects the reputation of the company, and, if done without reasonable and probable cause, is a wrong which can be restrained by suit. It is also the duty of the court before admitting a winding up petition, especially one brought by a contributory, to satisfy itself that there are prima facie grounds; and it is well-settled that, even after the court has admitted a petition, it can, on being moved for the purpo

















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