Gujarat High Court
Ganesh vs Trisuns on 31 July, 2012
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
COMP/169/2012 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD COMPANY PETITION No. 169 of 2012 ===================================================== GANESH MADHAVLAL PATEL - Petitioner(s) Versus TRISUNS CHEMICAL INDUSTRY LTD - Respondent(s) ===================================================== Appearance : MRS SANGEETA N PAHWA for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1, ===================================================== CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 05/10/2012 ORAL ORDER
1. The present petition has been preferred by the petitioner Company under Sections 433 and 434 of the Companies Act, 1956 ("the "Act" for short) for an appropriate order of winding up of the respondent Company, that is, Trisuns Chemical Industry Ltd.
2. It is the case of the petitioner that a sum of Rs.4,97,975/- is due and payable to the petitioner by the respondent Company towards value of goods supplied by the petitioner to the respondent Company. It is further the case of the petitioner that the respondent Company is not in a position to pay its debts to its Creditors and has lost its substratum.
3. Heard Ms.Sangeeta N.Pahwa, learned advocate for the petitioner. It is submitted that despite service of statutory notice the amount has not been paid. Though served, respondent is not appearing before this court.
4. This Court, vide order dated 31-7-2012, issued notice to the respondent. The notice has been duly served upon the respondent. However,in spite of service of notice, none appeared on behalf of the respondent Company on 13-9-2012, as recorded in the order of even date. The same is the situation today.Hence, Admit.
6. The petition is fixed for final hearing on 9-11-2012. Admission of the petition and the date of final hearing shall be published in two local newspapers,that is, "Indian Express" (English daily newspaper) and "Lok Satta Jan Satta" (Gujarati daily newspaper), both having circulation in Ahmedabad. Publication in the Government Gazette is dispensed with.
7. It is ordered that the publication of advertisement be deferred for two weeks from today. If, by that time, no reply is received or representation is made by the respondent, the order, as above, shall be made effective.
The petition be listed on 9-11-2012.
(Smt.Abhilasha Kumari,J) arg