Judgment
In The Matter of Padma Fund LP - Judgment
FSD 0201/2021 (RPJ) · 2021-10-08
Winding up petition – s. 92(d) Companies Act (2021 Revision) - s.36(3) of Exempted Limited Partnership Act (2021 Revision) - jurisdiction on a creditor’s petition - s. 91 of Companies Act applicability of Part V of Companies Law - s.33(1) of Exempted Limited Partnership Act – s.3 of Exempted Limited Partnership Act and s.35 of Partnership Act (2013 Revision) - proceedings may be commenced by petition of creditor against general partner only, not the exempted limited partnership. Insolvency; Partnerships; Statutory Interpretation
Full metadata
| Cause Number | FSD 0201/2021 (RPJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Parker J |
| Parties | In The Matter of Padma Fund LP - Judgment |
| Judgment Date | 2021-10-08 |
| Subject | Winding up petition – s. 92(d) Companies Act (2021 Revision) - s.36(3) of Exempted Limited Partnership Act (2021 Revision) - jurisdiction on a creditor’s petition - s. 91 of Companies Act applicability of Part V of Companies Law - s.33(1) of Exempted Limited Partnership Act – s.3 of Exempted Limited Partnership Act and s.35 of Partnership Act (2013 Revision) - proceedings may be commenced by petition of creditor against general partner only, not the exempted limited partnership. Insolvency; Partnerships; Statutory Interpretation |
| Filename (current) | 21-10-08-Padma-Fund-L-P-In-re.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Exempted Limited Partnership Act | 14(1), 14(2), 15(3), 16(1), 2, 20(1) and 34(1), 20(1) and 34(1)(b), 3, 33(1), 36, 36(1), 36(10)(e), 36(2), 36(3), 36(3)… | 67 |
| Companies Act | 2, 91, 92, 92(d), 92(e), 94, 95 | 32 |
| Partnership Act | 10, 13, 3, 35, 35(e), 36, 49 | 27 |
| Companies Winding Up Rules (subordinate) | — | 3 |
| Exempted Limited Partnership (Amendment) Law, 2009 (amending) | — | 1 |
| Grand Court Act | 18(1) | 1 |
| Grand Court Rules - Vol I - Orders (subordinate) | 12 | 1 |
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