K. C. P. Ltd. , Ramakrishna Buildings v. Prudential Sugar Corporation Ltd.
2005-04-20
body2005
DigiLaw.ai
( 1 ) THIS Company Petition is filed by the petitioner company under Section 433 (e) (f), read with 434 and 439 (1) (b) of the Companies Act, 1956 (for brevity the Act) praying the following reliefs. (a) to appoint provisional liquidator during the pendency of the winding up petition; (b) to wind up the respondent company under the provisions of the Companies Act, 1956; (c) award costs; and (d) pass such other order or orders as this Honble Court deems fit and proper in the interest of justice. ( 2 ) IT is stated that the petitioner is a Public Limited Company and is carrying on the business of manufacture, among others, of Sugar Machinery, Equipment and also in providing technology for the manufacture of sugar. The petitioner is one of the leading Companies in India undertaking such projects for Sugar Factories in the country and abroad. It also stated that the petitioner has developed considerable reputation and has a large and versatile engineering unit at Triuvothiyur, Chennai, employing large number of technically skilled personnel, and carrying on the business for over 63 years. ( 3 ) ACCORDING to the petitioner company, the respondent company was incorporated as Sugantham Sugars Limited on 3-12-1990 under the provisions of the Act as a Public Limited Company with its registered office in the State of Tamil Nadu. The name of the respondent company was changed to Mouli Sugars Limited on 14-12-1992, and again to Prudential Mouli Sugars Limited on 13-12-1993, and further changed to the present name of Prudential Sugar Corporation Limited with effect from 28-12-1996. The registered office of the respondent company was subsequently shifted to Prudential Nagar, Koppedu Post, Nindra Mandal, Chittoor District in Andhra Pradesh State. The authorized share capital of the respondent Company is Rs. 75,00,00,000 divided into 50,00,000 equity shares of Rs. 10/- each and 50,00,000/- 16% cumulative Redeemable Preference Shares of Rs. 50/- each. The issued, subscribed and paid up share capital of the respondent company is as under.