Friday, January 8, 2016

winding up by employee against employer


High Court of Madhya Pradesh
Jonathan Allen v. Zoom Developers Private Limited
24.08.2015
Company
Employee of company has same locus standi as creditor
A three-judge bench of the Madhya Pradesh High Court answered the question, whether an employee of a company qualifies as a creditor of the company, in the affirmative. It held, “the employee of the Company has locus to file Company Petition in respect of his unpaid wages/salary and emoluments, as having been filed by a creditor of the Company”. Outstanding or unpaid wages or salary of an employee were likened to a debt: while not defined in the Companies Act, 1956, the Court defined debt in accordance with its use in common parlance.

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