Companies Act, 2013

APPENDIX V

PROVISIONS OF COMPANIES ACT, 1956 APPLICABLE TO LIMITED LIABILITY PARTNERSHIP

[Vide Third proviso to section 465(1) of the Companies Act, 2013 ]

Commencement of winding up by [Tribunal].

441. (1) Where, before the presentation of a petition for the winding up of a [limited liability partnership] by the [Tribunal], a resolution has been passed by the [limited liability partnership] for voluntary winding up, the winding up of the [limited liability partnership] shall be deemed to have commenced at the time of the passing of the resolution, and unless the [Tribunal], on proof of fraud or mistake, thinks fit to direct otherwise, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken.

(2) In any other case, the winding up of a [limited liability partnership] by the [Tribunal] shall be deemed to commence at the time of the presentation of the petition for the winding up.

Powers of [Tribunal] on hearing petition.

443. [(1) On hearing a winding up petition, the Tribunal may within ninety days from the date of presentation of the petition

(a)	-	dismiss it, with or without costs;
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