HARINAGAR SUGAR MILLS LTD. vs M. W. PRADHAN

The Supreme Court held that a Receiver appointed by the court has the authority to file a winding-up petition against a company under Order XL Rule 1(d) of the Civil Procedure Code, 1908, as it falls within the powers conferred for the management of the estate. The Court also determined that the Receiver qualifies as a 'creditor' under Section 439(1) of the Indian Companies Act, 1956. Furthermore, the Court clarified that the Receiver's notice to the company regarding income-tax payments does not contravene Section 434, and the company's failure to pay constitutes neglecting to pay its debts.