Companies Act, 2017 — section 305

305. Right to present winding up petition where company is being wound up voluntarily or subject to Court’s supervision.—(1) Where a company is being wound up voluntarily or subject to the supervision of the Court, a petition for its winding up by the Court may be presented by any person authorised to do so under section 304 and subject to the provisions of that section.

(2)The Court shall not make a winding up order on a petition presented to it under sub section (1) unless it is satisfied that the voluntary winding up or winding up subject to the supervision of the Court cannot be continued with due regard to the interests of the creditors or contributories or both or it is in the public interest so to do.