271Circumstances in which company may be wound up by Tribunal
1[271. Circumstances in which company may be wound up by Tribunal-- A company may, on a petition under section 272, be wound up by the Tribunal,--
(a) if the company has, by special resolution, resolved that the company be wound up by the Tribunal;
(b) if the company has acted against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality;
(c) if on an application made by the Registrar or any other person authorised by the Central Government by notification under this Act, the Tribunal is of the opinion that the affairs of the company have been conducted in a fraudulent manner or the company was formed for fraudulent and unlawful purpose or the persons concerned in the formation or management of its affairs have been guilty of fraud, misfeasance or misconduct in connection therewith and that it is proper that the company be wound up;
(d) if the company has made a default in filing with the Registrar its financial statements or annual returns for immediately preceding five consecutive financial years; or
(e) if the Tribunal is of the opinion that it is just and equitable that the company should be wound up.]
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1. Subs. by s. 255 and the Eleventh Schedule, ibid., for section 271 (w.e.f. 15-11-2016).
- 271 Circumstances in which company may be wound up by Tribunal
- 272 Petition for winding up
- 273 Powers of Tribunal
- 274 Directions for filing statement of affair
- 275 Company Liquidators and their appointment
- 276 Removal and replacement of liquidato
- 277 Intimation to Company Liquidator, provisional liquidator and Registra
- 278 Effect of winding up order
- 279 Stay of suits, etc., on winding up order
- 280 Jurisdiction of Tribunal
- 281 Submission of report by Company Liquidato
- 282 Directions of Tribunal on report of Company Liquidator
- 283 Custody of company‘s propertie
- 284 Promoters, directors, etc., to cooperate with Company Liquidator
- 285 Settlement of list of contributories and application of assets
- 286 Obligations of directors and managers
- 287 Advisory Committee
- 288 Submission of periodical reports to Tribunal
- 289 Power of Tribunal on application for stay of winding up
- 290 Powers and duties of Company Liquidator
- 291 Provision for professional assistance to Company Liquidato
- 292 Exercise and control of Company Liquidator‘s powers
- 293 Books to be kept by Company Liquidato
- 294 Audit of Company Liquidator‘s accounts
- 295 Payment of debts by contributory and extent of set-off
- 296 Power of Tribunal to make calls
- 297 Adjustment of rights of contributories
- 298 Power to order costs
- 299 Power to summon persons suspected of having property of company, etc
- 300 Power to order examination of promoters, directors, etc
- 301 Arrest of person trying to leave India or abscond
- 302 Dissolution of company by Tribunal
- 303 Appeals from orders made before commencement of Act