High Court Patna High Court - Orders

R.K. Beriwala Carrying On Busi vs M/S Natraj Iron &Amp; Castings Ltd on 11 March, 2011

Patna High Court – Orders
R.K. Beriwala Carrying On Busi vs M/S Natraj Iron &Amp; Castings Ltd on 11 March, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 COM PET No.3 of 2011
                         R.K. BERIWALA CARRYING ON BUSI
                                         Versus
                         M/S NATRAJ IRON & CASTINGS LTD
                                       -----------

3. 11.3.2011 This is an application by a creditor for

winding up the respondent company M/s Natraj Iron

& Castings Ltd. It is stated that an advance of

Rs.1,00,000/- was paid by the petitioner to the

respondent company on 24.6.2008 for the supply of

certain goods which, on supply found to be not in

accordance with required sample, were returned and

since then neither the goods have been supplied

nor the money has been returned. It is stated that

the account has been confirmed by the respondent

company as per Annexure-5 to the company petition.

Despite statutory notice given on

28.1.2010 by registered post, the amount has not

been repaid within the said period of 21 days.

Admit.

Issue notice to the respondent company.

Requisites, etc. both under ordinary process and

registered cover with A/D must be filed within one

week, failing which the company petition shall

stand rejected without further reference to a

Bench.

Learned counsel for the petitioner is
-2-

directed to advertise the petition in Form 48 in

two daily newspapers; one in English and another

in Hindi both published from Patna, namely, “The

Hindustan Times” (English) and “AAJ” (Hindi)

respectively within four weeks from today.

The date of hearing is fixed as 28.4.2011.

VPS                         ( Ramesh Kumar Datta, J. )