Sundaram : It would be dependent on facts. The... ... Tata Sons v Cyrus Mistry : Live Updates From Supreme Court Hearing - Day 3

Sundaram : It would be dependent on facts. The question is would it be fair and equitable to carry on the company in this fashion.

It is not necessary that the Act justify the winding up. The issue is whether it is equitable to let the company in such state of affairs.