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COMP/25/2004 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 25 of 2004
With
COMPANY
PETITION No. 27 of 2004
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
BINDESH
KUMAR SUCHAK - Petitioner(s)
Versus
PAYAL
POLYURETHANE PVT. LTD. - Respondent(s)
=========================================================
Appearance
:
MR
AR GUPTA for
Petitioner(s) : 1,
MR NK MAJMUDAR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 12/12/2006
COMMON
ORAL JUDGMENT
Both
these Company Petitions are filed by the respective petitioners for
an appropriate order of winding up of the respondent company i.e.
M/s. Payal Polyurethane Private Ltd under the provisions of the
Companies Act; 1956.
Today,
when the matters are called out, Shri G.K.Mehta, learned advocate
appearing for Shri N.K.Majmudar, learned advocate appearing for the
respondent company has submitted Undertakings in each of the Company
Petitions by submitting that so far as the petitioner of Company
Petition No. 25 of 2004 is concerned, outstanding amount (principal
amount) of Rs. 3 Lacs would be paid to the petitioner by Demand
Draft towards the full and final settlement of the outstanding dues
on or before 27th December, 2006. Similarly, an
Undertaking is filed in Company Petition No. 27 of 2004 on behalf of
the respondent company affirmed by one Shailesh M. shah, Director of
the respondent company that the outstanding amount (principal
amount) of Rs.10 Lacs would be paid to the petitioner of Company
Petition No. 27 of 2004 by Demand Draft towards full and final
settlement of the outstanding dues on or before 27th
December, 2006. Both the Undertakings are directed to be taken on
record. The aforesaid Demand Drafts be paid directly either to the
respective petitioners and/or their learned advocates. The
respondent Company is directed to act accordingly.
In
view of the above, no further order is required to be passed by this
Court. However, liberty is reserved to revive the present Company
Petitions in case of difficulty. Both these Company Petitions are
accordingly disposed of. No costs.
[M.R.SHAH,
J.]
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