Gujarat High Court Case Information System
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COMP/108/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 108 of 2010
=========================================================
UNIFY
AGRO (INDIA) PVT LTD - Petitioner(s)
Versus
POOJA
IRON & STEEL PVT LTD - Respondent(s)
=========================================================
Appearance
:
MR
DHARMESH V SHAH for
Petitioner(s) : 1,
MR SUDHIR M MEHTA for Respondent(s) : 1,
MS
SHAILEE S MEHTA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 14/12/2010
ORAL
ORDER
Petitioner
seeks winding up of respondent Company, namely, Pooja Iron &
Steel Pvt. Ltd., a company registered under the Companies Act, 1956.
It
is the case of the petitioner that the respondent Company had placed
orders with the petitioner Company for supply of gray fabrics from
time to time between 20th November 2009 and 9th
December 2009 worth Rs.31,35,153/-. The petitioner supplied such
goods which was accepted by the respondent Company without any
dispute regarding quality and quantity thereof. The petitioner
raised invoices of Rs.31,35,153/- which was accepted by the
respondent Company. The respondent Company, however, paid only a sum
of Rs.24,88,700/-. Thus a sum of Rs.6,46,453/- remained outstanding.
Since
the aforesaid amount was not paid, the petitioner issued a statement
of accounts on 21.4.2010 demanding a sum of Rs.6,67,918/- which
included interest on the principal amount of Rs.6,46,453/-. Since
there was no response from the respondent, the petitioner issued
statutory notice under section 434 of the Companies Act on
21.5.2010 at the registered Office of the respondent Company which
was duly served on 4th June 2010. The respondent
Company, however, gave no reply within or even after the completion
of statutory period of three weeks. The petitioner has, therefore,
filed this Company Petition seeking winding up of the respondent
Company.
In
response to the notice issued by the Court, the respondent Company is
represented by learned advocate. On behalf of the company, a reply
has also been filed in which it is averred as under :
5.
It is submitted that no activity on the part of the company is going
on; at present it is difficult to arrange funds to make payment to
the outstanding bills. It is further submitted that the company is
trying to arrange the funds. It is further submitted that it will
take some time to arrange funds and the petitioner is requested to
wait for some time.
From
the above, it is undisputed that the respondent Company owes sizable
amount to the petitioner Company which is due and payable. Despite
demand and statutory notice, there has been no response from the
respondent Company. In the affidavit filed before this Court also,
it is clearly stated that the Company is unable to pay the debt.
Under
the circumstances, this petition is admitted. Advertisement in two
local newspapers, namely, Indian Express and Loksatta-Jansatta,
Ahmedabad Edition shall be issued within two weeks from today.
Publication in the Government Gazette is, however, dispensed with.
Further hearing of the petition is fixed on 15th February
2011.
(Akil
Kureshi, J.)
(vjn)
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