- (1.) This is a petition for winding up of a company. Counsel for the petitioner moved me for admitting the petition, but I directed him to serve notice on the company, so that I could decide in the presence of the company whether or not I should admit the petition and, if so, on what terms. There has been discussion at the bar as to powers of the Court at the time when a petition for winding up is presented for admission, and I think it desirable to state my views on this point.
(2.) It is settled law that this Court has the inherent power in a proper case to prevent the abuse of its process. It is not disputed that after the admission of the petition for winding up and even before it is advertised and has come on for hearing, this Court in exercise of such power may direct that the petition be taken off the file or may order that the petition be kept on file, but that the hearing of the petition be adjourned until such time as the Court thinks fit and further may restrain the advertisement of the petition.
(3.) I have no doubt that I have similar powers at the time of the presentation of the petition. If a proper case is made out, the Court may at the time of the presentation of the petition for winding up (a) refuse to admit the petition or (b) may admit the petition and adjourn the hearing of the petition until such time as the Court thinks fit. This is a salutary power which this Court has and exercises for the same reason for which it may restrain the advertisement of the petition. Macleod, J.;