(1) Where before the presentation of a petition for the winding-up of a company by the court a resolution has been passed by the company for voluntary winding-up, the winding-up of the company is deemed to have commenced at the time of the passing of the resolution, and unless the court, on proof of fraud or mistake, thinks fit otherwise to direct, all proceedings taken in the voluntary winding-up are deemed to have been validly taken.
(2) In any other case, the winding-up of a company by the court is deemed to commence at the time of the presentation of the petition for winding-up.