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Circumstances in which company may be wound up by Tribunal

Circumstances in which company may be wound up by Tribunal :

Section – 433.  A company may 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 default is made in delivering the statutory report to the Registrar or in holding the statutory meeting;

          (c)   if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year;

         (d)   if the number of members is reduced, in the case of a public company, below seven, and in the case of a private company, below two;

          (e)   if the company is unable to pay its debts;

          (f)   if the Tribunal is of the opinion that it is just and equitable that the company should be wound up;

         (g)   if the company has made a default in filing with the Registrar its balance sheet and profit and loss account or annual return for any five consecutive financial years;

         (h)   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;

          (i)   if the Tribunal is of the opinion that the company should be wound up under the circumstances specified in :

Provided that the Tribunal shall make an order for winding up of a company under clause (h) on application made by the Central Government or a State Government.]