Don't think that is the case here, the court will hear both side then make a ruling, at this point don't think pandey really cares what happens to Xkem, he lost the company anyhow.
If Basu wants to convert to shares it don't make any sense to force the company into BK and he and his investors loose their 7,000,000,unless Basu is part of the plan and will get part of it in the end. 7 million will be nothing to what they can make from Nicosan.
Surprised there isn't more longs posting but then we all know what they are going to say.......I told you so, Monday will be very interesting convert to shares in seven days then they can start to dump driving the PPS to .0001. Who will buy all those shares and they(Basu) will loose more of their investment.
Some one with all the facts should start an investigation (SEC)soon.