SBG 3292/2015
This case involved whether a company should be liquidation when it had been due to last for a period and one of the partners did not want to liquidate.
Background
A claimant said that they had established a limited liability company with the defendant but they had a dispute and decided to start a voluntary liquidation process with the company. However the defendant had failed to continue and therefore the claimant asked the court to liquidate the company
The defendant said that the partnership had been for 35 years and that the claimant did not have the right to request the liquidation of the company before that. The defendant said that he did not want to liquidate the company.
Decision
The court of first instance said that this case came under the jurisdiction of the commercial courts of the Board of Grievances. The claimant was requesting the liquidation based on three reasons which were the agreement of the partners (the defendant), the dispute between the partners, and that the company did not have a contract with others except for one which was the subject matter of this dispute.