Gujarat High Court Case Information System
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COMP/93/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 93 of 2008
=========================================================
SUPACK
INDUSTRIES PVT. LTD. - Petitioner(s)
Versus
SAMAY
ELECTRONICS PVT. LTD. - Respondent(s)
=========================================================
Appearance :
MR
BR GUPTA for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 17/02/2011
ORAL
ORDER
This
petition under Sections 433 and 434 of Companies Act, 1956 is filed
with a prayer to wind- up the respondent-company and further that
Official Liquidator be appointed as provisional liquidator to take
over the charge of the assets of Samay Electronics Pvt. Ltd. and to
supervise the management and affairs of the Company, since the
company is unable to carry out its business in accordance with the
provisions of the Companies Act.
Shri
B.R.Gupta, learned advocate for the petitioner-Company submits that
the Company is indebted to the petitioner in the principal sum of
Rs.1,61,423/- being the unpaid value of the goods sold and delivered
to the Company and also upto the date interest calculated at the
agreed rate of 21% per annum. A statutory notice was issued to the
company responding the company by RPAD on 30th January,
2008 with specific demand to pay outstanding dues and notice was
served on the Company with its registered office on 4th
February, 2008 but the Company has failed and neglected to pay the
amount nor even reply was filed to the said notice.
This
Court issued notice vide order dated 26.3.2008 making it returnable
on 15.4.2008. Despite of service, no one appeared and fresh notice
was issued on 22.9.2008 with returnable date 20th
October, 2008. Respondent remained consistently absent and no reply
is filed in this proceedings on 20th October, 2008.
Learned Company Judge while admitting the petition directed the
petitioner to advertise in two newspapers and accordingly
advertisement was given. Even after order dated 20.8.2009 passed by
this Court directing the petitioner to publish the advertisement in
two newspapers and compliance of the above order is reported by
petitioner by filing affidavit dated 1st September, 2009.
Thereafter also, the matter was also adjourned from time to time,
but no one is appeared on behalf of respondent nor any other
appearance is registered by respondent nor any reply is filed.
Considering
the over all aspects, the petitioner has taken all actions in
accordance with law to recover its outstanding dues by issuing a
statutory notice and reminders and after filing of this petition,
the publication in widely circulated Gujarati daily as well as in
English daily but no reply has come on the record. I am satisfied
that the respondent-company has failed to perform its functioning in
accordance with the provisions of Companies Act and rules made
thereunder and therefore, I deem it just and proper to pass an order
of winding up against the respondent Company. The Official
Liquidator attached to this Court is hereby appointed as the
Liquidator of the said respondent-Company. He is permitted to
exercise all powers in the capacity as the Liquidator under the
Companies Act, 1956 including under Sections 456 and 453, thereof.
He shall immediately take possession of all the assets and movable
and immovable properties of the respondent-Company, as also the
records and books of accounts of the Company. In the meanwhile, the
respondent-Company, its Directors, Officers and servants are hereby
restrained from transferring, alienating, encumbering, dealing with
or creating third party interest over the assets and properties of
the company.
The
notice for final order of winding up shall be published in two daily
newspapers viz. “The Indian Express”, English daily as
well as in “Phulchhab”, Gujarati daily, both Rajkot
editions being the same newspapers in which the Notice of Admission
was published. The same shall also be published in the Official
Government Gazette.
This
petition is allowed accordingly.
(ANANT
S.DAVE, J.)
(ashish)
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