Companies.
part of the six months mentioned in proviso (a)(ii) to sub-section (1) 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.
[165
[CAP. 32
court on petition.
19 & 20 Geo. 5, c. 23, s. 171.
165. (1) On hearing a winding-up petition the court may dismiss it, or adjourn the hearing conditionally or unconditionally, or make any interim order, or any other order that it thinks fit, 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 delivering the statutory report to the Registrar or in holding the statutory meeting, the court may-
(a) instead of making a winding-up order, direct that the statutory report shall be delivered or that a meeting shall be held; and
(b) order the costs to be paid by any persons who, in the opinion of the court, are responsible for the default.
[166
166. At any time after the presentation of a winding-up petition, and before a winding-up order has been made, the company, or any creditor or contributory, may-
Power to stay or restrain proceedings against company.
19 & 20 Geo. 5, c. 23, s. 172.
(a) where any action or proceeding against the company is pending in any court, apply to the court in which the action or proceeding is pending for a stay of proceedings therein; and
(b) where any other action or proceeding is pending against the company, apply to the court having jurisdiction to wind up the company to restrain further proceedings in the action or proceeding; and the court to which application is so made may, as the case may be, stay or restrain the proceedings accordingly on such terms as it thinks fit.
[167
167. In a winding up by the court, any disposition of the property of the company, including things in action, and any transfer of shares, or alteration in the status of the members, made after the commencement of the winding up shall be void unless the court otherwise orders.
Avoidance of dispositions of property, &c. after commencement of winding up.
123
Companies.
part of the six months mentioned in proviso (a) (ii) to sub- section (1) 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.
[165
[САР. 32
court on
petition.
19 & 20 Geo. 5,
c. 23, s. 171.
165. (1) On hearing a winding-up petition the court Powers of may dismiss it, or adjourn the hearing conditionally or un- hearing conditionally, or make any interim order, or any other order that it thinks fit, 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 delivering the statutory report to the Registrar or in holding the statutory meeting, the court may-
(a) instead of making a winding-up order, direct that the statutory report shall be delivered or that a meeting shall be held; and
(b) order the costs to be paid by any persons who, in the opinion of the court, are responsible for the default.
[166
166. At any time after the presentation of a winding-up petition, and before a winding-up order has been made, the company, or any creditor or contributory, may--
Power to strain pro-
stay or re-
ceedings against company.
c. 23, s. 172.
(a) where any action or proceeding against the company 19 & 20 Geo. 5,
is pending in any court, apply to the court in which the action or proceeding is pending for a stay of proceedings therein; and
(b) where any other action or proceeding is pending against the company, apply to the court having jurisdiction to wind up the company to restrain further proceedings in the action or proceeding; and the court to which application is so made may, as the case may be, stay or restrain the proceedings accordingly on such terms as it thinks fit.
[167
167. In a winding up by the court, any disposition of the property of the company, including things in action, and any transfer of shares, or alteration in the status of the
Avoidance of of property, commence-
dispositions
&c. after
ment of winding up.
123
1
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