NATIONAL CONDUITS (P) Ltd. vs S. S. ARORA

The Supreme Court clarified that under Sections 433 and 439 of the Companies Act, 1956, while a petition for compulsory winding up must be advertised before being heard, the court is not automatically bound to advertise immediately upon admission of the petition. The court retains the discretion to consider applications from the company to refrain from advertising the petition in the interest of justice or to prevent abuse of process, as supported by Rule 24(2) of the Companies (Court) Rules, 1959. The appeal was allowed, and the High Court's order was set aside.