Gujarat High Court Case Information System
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COMP/162/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 162 of 2010
=========================================================
KOTAK
MAHINDRA BANK LTD - Petitioner(s)
Versus
KENSON
MOTORS PVT LTD - Respondent(s)
=========================================================
Appearance :
MR
DHARMESH V SHAH for
Petitioner(s) : 1,MR LALIT M PATEL for Petitioner(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 22/06/2011
ORAL
ORDER
The
present Company Petition has been preferred by the petitioner –
Company under Sections 433, 434 and 439 of the Companies Act, 1956
for an appropriate order of winding up of the respondent –
Company i.e. Kenson Motors Private Limited.
It
is the case on behalf of the petitioner that a sum of
Rs.53,51,107.79p is due and payable to the petitioner by the
respondent company towards the Loan granted to the respondent
company. It is the case on behalf of the petitioner that the
respondent company in not in a position to pay the debts to its
creditors and has lost its substratum. It is submitted that
despite service of statutory notice, the amount has not been paid.
It is further submitted that even there is no reply to the statutory
notice.
Though
served, nobody appears on behalf of the respondent Company.
Hence,
ADMIT.
The
petition is fixed for final hearing on August 8, 2011. Admission of
the petition with the date of final hearing to be published in two
local newspapers i.e. Indian Express (English Daily), Ahmedabad
edition and Sandesh (Gujarati Daily), Rajkot edition. Publication
in the Government Gazette is dispensed with.
The
order of Advertisement is deferred for two weeks from today. If by
that time, no reply is received, or representation is made by
respondent No.1, the order as above shall be made effective. S.O. to
6th July, 2011.
Sd/-
(Anant
S. Dave, J.)
Caroline
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