JUDGMENT Pankaj Mithal, J. M/s Paneast Exim Pvt. Ltd. a company through its director has applied for the winding up of Hides International Ltd. earlier known as KCK Exports Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at Kanpur in U.P. on the ground that an amount of Rs.56,859.70 US$ are due against it on account of supply of some chemicals and the same have not been paid despite notice of demand dated 16.04.2012. 2. The petition has been opposed by the company sought to be wound up by filing a counter affidavit taking a preliminary objection that the petition for winding up at the behest of M/s Paneast Exim Pvt. Ltd. is not maintainable for the reason that no amount is due and payable to it. It is only an agent of FENICE Spa that had allegedly supplied the chemicals. 3. M/s Paneast Exim Pvt. Ltd. was grant sufficient time in the past to file rejoinder affidavit and on 08.12.2015 was allowed three weeks further time and no more for filing the purpose but even then no rejoinder affidavit has been filed. 4. The averments in the petition reveals that FENICE Spa a leading company in the field of production and sale of chemical products had supplied some chemicals worth Rs.56859.70 US$ to Hides International Ltd. which are due and payable. Therefore, the cause of action for winding up if any on account of non payment of the said dues arises to FENICE Spa and to M/s Paneast Exim Pvt. Ltd. 5. In view of the aforesaid, even if M/s Paneast Exim Pvt. Ltd. is the agent of FENICE Spa it has no legal right to claim the dues of its principal or seek winding up of the company in its own name. The petition if at all ought to have been filed in the name of the principal through the agent but the agent cannot maintain the petition in its own name. 6. In the aforesaid facts and circumstances, as the petitioner is not claiming any dues of its own rather the dues of FENICE Spa, the petition for winding up of Hides International Ltd. in its name is not maintainable and is accordingly, dismissed.