Aluminium Extrusions and Industrial Components Pvt. Ltd. v. Central Paints
1986-03-21
G.L.OZA
body1986
DigiLaw.ai
JUDGMENT : ( 1. ) THE petitioner who is a creditor of the respondent-company has filed this petition for winding up of the said company under Section 439 of the Companies Act, 1956, because of its inability to pay the debts despite demand made by service of notice. ( 2. ) THEREFORE, a show-cause notice was given to the respondent company asking why the petition should not be admitted for winding up of the company. ( 3. ) THE respondent-company, in reply to the show-cause notice, dated January 17, 1986, have admitted the dealings between the parties, but has taken a plea, quite vaguely, that the goods supplied were defective as a consequence of which the company did not pay the amount payable to the petitioner company. They have also admitted that they did not honour the hundis and have further stated that talks are going on between the parties to settle the whole matter. ( 4. ) BY an order passed by this court on January 24, 1986, Shri Kohli, learned counsel for the respondent-company, was given time to file a copy of the latest balance-sheet of the company for the years 1982-83, 1983-84 and 1984-85. But, despite giving sufficient opportunities, the same have not been filed. Thereafter, the respondent-company, by an application dated February 7, 1986 (I. A. No. 578 of 1986), submitted that the comapny hopes to start its factory within a period of two weeks as it has received certain orders and that they hope to pay to the petitioner by monthly instalments. But, thereafter, the respondent-company has not filed the balance-sheet to show the latest position of the company though it was orally submitted by Shri Kohli, learned counsel for the respondent-company, that on account of the labour trouble at Bombay, there is a complete lock-out. In reply to the application filed by the petitioner for appointment of a provisional liquidator, they have further stated that the claim of the petitioner could not be paid because of labour trouble and paralysation of the work of the company including its administration. ( 5. ) THUS, considering the facts and circumstances of the case and after hearing learned counsel, I am of the opinion that the petition deserves to be admitted. The petition is, therefore, admitted.
( 5. ) THUS, considering the facts and circumstances of the case and after hearing learned counsel, I am of the opinion that the petition deserves to be admitted. The petition is, therefore, admitted. In accordance with Rule 99, read with Rule 24, of the Companies (Court) Rules, 1959, it is directed that the advertisement shall be made within a month from today in Form No. 48. The advertisement shall be published in the Official Gazette of the State of M. P. It shall also be advertised in the local daily newspapers Nayi Duniya (Hindi) and Free Press Journal (English) P. F. and the publication charges shall be deposited by the petitioner within a week from today. The contents of the said advertisement shall be drawn up by the Additional Registrar of this court in accordance with Rule 25 of the said Companies (Court) Rules, 1959. The petitioner shall also supply an envelope together with the registered address of the company or its principal place of business duly stamped in accordance with Rule 28 of the said Companies (Court) Rules, 1959. The Additional Registrar of this court shall proceed in accordance with this order as provided in the said Companies (Court) Rules, 1959.