No. 58 of 1911.
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visions of this section, but the court shall not make a winding-up order on the petition unless it is satisfied that the voluntary winding-up or winding-up subject to supervision cannot be continued with due regard to the interests of the creditors or contributories.
(3) Where under the provisions of this Part any person as being the husband of a female contributory is himself a contributory, and a share has during the whole or any part of the six months been held by or registered in the name of the wife, or by or in the name of a trustee for the wife or for the husband, the share shall, for the purposes of this section, be deemed to have been held by and registered in the name of the husband.
order.
133. An order for winding up a company shall operate in favour of all the creditors and of all the contributories of the company as if made on the joint petition of a creditor and of a contributory.
8 Edw. 7, c.169, s. 138.
134. A winding-up of a company by the court shall be deemed to commence at the time of the presentation of the petition for the winding-up.
8 Edw. 7, c. 69, s. 139.
135. At any time after the presentation of a petition for winding-up, and before a winding-up order has been made, the company, or any creditor or contributory, may, where any action or proceeding against the company is pending, apply to the court for a stay of the proceedings or to restrain further proceedings in the action or proceeding, and the court may, as the case may be, stay or restrain the proceedings accordingly on such terms as it thinks fit.
8 Edw. 7, c. 69, s. 140.
136. (1) On hearing the petition, the court may dismiss it with or without costs, or adjourn the hearing conditionally or unconditionally, or make any interim order, or any other order that it deems just, but the court shall not refuse to make a winding-up order on the ground only that the assets of the company have been mortgaged to an amount equal to or in excess of those assets, or that the company has no assets.
(2) Where the petition is presented on the ground of default in filing the statutory report or in holding the statutory meeting, the court may order the costs to be paid by any persons who, in the opinion of the court, are responsible for the default.
8 Edw. 7, c. 69, s. 141.
COMPANIES.
No. 58 of 1911.
2083
visions of this section, but the court shall not make a winding-up order on the petition unless it is satisfied that the voluntary winding-up or winding-up subject to supervi- sion cannot be continued with due regard to the interests of the creditors or contributories.
(3) Where under the provisions of this Part any person as being the husband of a female contributory is himself a contributory, and a share has during the whole or any part of the six months been held by or registered in the name of the wife, or by or in the name of a trustee for the wife or for the husband, the share shall, for the purposes of this section, be deemed to have been held by and registered in the name of the husband.
order.
133. An order for winding up a company shall operate in Effect of favour of all the creditors and of all the contributories of the winding-up company as if made on the joint petition of a creditor and 8 Edw. 7, of a contributory.
c.169, s. 138.
134. A winding-up of a company by the court shall be commence- deemed to commence at the time of the presentation of the ment of petition for the winding-up.
winding-up by court. 8 Edw. 7, c. 69, s. 139.
restrain
against
135. At any time after the presentation of a petition for Power to winding-up, and before a winding-up order has been made, stay or the company, or any creditor or contributory, may, where any proceedings action or proceeding against the company is pending, apply company. to the court for a stay of the proceedings or to restrain 8 Edw. 7, further proceedings in the action or proceeding, and the 69, s. 1·10. court may, as the case may be, stay or restrain the proceed- ings accordingly on such terms as it thinks fit.
Powers of
court on
hearing
136. (1) On hearing the petition, the court may dismiss it with or without costs, or adjourn the hearing conditionally or unconditionally, or make any interim order, or any other petition. order that it deems just, but the court shall not refuse to make a winding-up order on the ground only that the assets of the company have been mortgaged to an amount equal to or in excess of those assets, or that the company has no
assets.
(2) Where the petition is presented on the ground of default in filing the statutory report or in holding the statutory meeting, the court may order the costs to be paid by any persons who, in the opinion of the court, are respon- sible for the default.
8 Edw. 7, c. 69, s. 141.
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