MALABAR IRON AND STEEL WORKS Vs. REGISTRAR OF COMPANIES KERALA
LAWS(KER)-1963-4-1
HIGH COURT OF KERALA
Decided on April 02,1963

MALABAR IRON AND STEEL WORKS LTD. Appellant
VERSUS
REGISTRAR OF COMPANIES, KERALA Respondents


Referred Judgements :-

IN RE: METROPOLITAN RLY. WAREHOUSING CO. LTD. [REFERRED TO]


JUDGEMENT

- (1.)THIS is an appeal by the Malabar Iron and Steel Works Limited against the order in Company Petition No. 8 of 1962 allowing that petition and directing the winding up of the company. That petition was filed by the 1st respondent before us, the registrar of Companies, Kerala Ernakulam.
(2.)SECTION 433 of the Companies Act, 1956, deals with the circumstances in which a company may be wound up by court. Circumstance (c) in that section is: "if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year. " the circumstance invoked by the Registrar in this case is the fact that the company has not commenced its business within a year from its incorporation on the 28th November 1960.
(3.)TO present a petition on the ground above-mentioned the Registrar should obtain the previous sanction of the Central Government. This is provided by the second proviso to Sub-section (5) of Section 439 of the Act.
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