The Companies Act, 1956
583. Winding up of unregistered companies.
(1) Subject to the provisions of this Part, any unregistered company may be wound up under this Act, and all the provisions of this Act with respect to winding up shall apply to an unregistered company, with the exceptions and additions mentioned in 1[sub-sections (3)] to (5).
(3) No unregistered company shall be wound up under this Act voluntarily 3[by the Tribunal],
(4) The circumstances in which an unregistered company may be wound up are as follows:-
(a) if the company is dissolved, or has ceased to carry on business, or is carrying on business only for the purpose of winding up its affairs;
(b) if the company is unable to pay its debts;
(c) if the 4[Tribunal] is of opinion that it is just and equitable that the company should be wound up.
(5) An unregistered company shall, for the purposes of this Act, be deemed to be unable to pay its debts-
(a) if a creditor, by assignment or otherwise, to whom the company is indebted in a sum exceeding five hundred rupees then due, has served on the company, by leaving at its principal place of business, or by delivering to the secretary, or some director, 5[***] manager or principal officer of the company, or by otherwise serving in such manner as the 4[Tribunal] may approve or direct, a demand under his hand requiring the company to pay the sum so due, and the company has, for three weeks after the service of the demand, neglected to pay the sum or to secure or compound for it to the satisfaction of the creditor;
(b) if any suit or other legal proceeding has been instituted against any member for any debt or demand due, or claimed to be due from the company, or from him in his character of member, and notice in writing of the institution of the suit or other legal proceeding having been served on the company by leaving the same at its principal place of business or by delivering it to the secretary, or some director, 5[***] manager or principal officer of the company or by otherwise serving the same in such manner as the 4[Tribunal] may approve or direct, the company has not, within ten days after service of the notice,-
(i) paid, secured or compounded for the debt, or demand; or
(ii) procured the suit or other legal proceeding to be stayed; or
(iii) indemnified the defendant to his satisfaction against the suit or other legal proceeding, and against all costs, damages and expenses to be incurred by him by reason of the same;
(c) if execution or other process issued on a decree or 6[order of any Court or Tribunal] in favour of a creditor against the company, or any member thereof as such, or any person authorised to be sued as nominal defendant on behalf of the company, is returned unsatisfied in whole or in part;
(d) if it is otherwise proved to the 7[satisfaction of the Tribunal] that the company is unable to pay its debts.
1. Subs. by Act 11 of 2003, sec. 115, for “sub-section (2)”.
2. Sub-section (2) omitted by Act 11 of 2003, sec. 115.
3. Subs. by Act 11 of 2003, sec. 115, for “or subject to the supervision of the Court”.
4. Subs, by Act 11 of 2003, sec. 115, for “Court”.
5. The words “managing agent, secretaries and treasurers,” omitted by Act 53 of 2000, sec. 214 (w.e.f. 13-12-2000).
6. Subs. by Act 11 of 2003, sec. 115, for “order of any Court”.
7. Subs. by Act 11 of 2003, sec. 115, for “satisfaction of the Court”.