Karnataka High Court
Schenker India Private Limited vs Sun & Ski Exports Private Limited on 24 July, 2014
Author: A.S.Bopanna
Bench: A.S. Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 24TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
COMPANY PETITION NO.153/2012
BETWEEN:
SCHENKER INDIA PRIVATE LIMITED,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956 HAVING
ITS REGISTERED OFFICE AT 93-94,
KAPASHERA, NEW DELHI-110 037,
ITS BRANCH OFFICE AT NO.101,
TOUCH DOWN 1ST FLOOR,
NO.1 & 2, HAL INDUSTRIAL AREA,
AIRPORT ROAD,
BANGALORE-560 037,
REPRESENTED BY ITS
AUTHORIZED PERSON,
T.N.SRIDHAR,
MANAGER-CREDIT CONTROL. ... PETITIONER
(BY SRI S. SHIVANAND, ADV. FOR
SRI L.K.SRINIVASA MURTHY FOR
M/S. LAW ASSTS.)
AND:
SUN & SKI EXPORTS PRIVATE LIMITED,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES
ACT, 1956 AND HAVING ITS REGISTERED
OFFICE AND ITS FACTORY AT NO.104/2A,
TAVAREKERE MAIN ROAD, TAVAREKERE,
BANGALORE-560 029,
REPRESENTED BY ITS
MANAGING DIRECTOR. ... RESPONDENT
2
THIS COMPANY PETITION IS FILED UNDER
SECTION 433 [e], 434 [i] [a] AND 439 [i] [b] OF THE
COMPANIES ACT, 1956 AND RULE-95 OF THE
COMPANIES [COURT] RULES, 1959 PRAYING TO M/S.
SUN & SKI EXPORTS PRIVATE LIMITED HAVING ITS
REGISTERED OFFICE AND A FACTORY AT NO.104/2A,
TAVAREKERE MAIN ROAD, TAVAREKERE, BANGALORE-
560 029, KARNATAKA, INDIA, THE RESPONDENT
COMPANY ABOVE NAMED BE ORDERED AND DIRECTED
TO BE WOUND-UP BY THIS HON'BLE COURT UNDER
THE PROVISIONS OF THE COMPANIES ACT, 1956; AND
ETC.
THIS PETITION COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court in this petition filed under Section 433 (e) r/w. Sections 434 (i) (a) and 439 (i) (b) of the Companies Act, 1956 and Rule 95 of the Companies [Court] Rules, 1959 praying that the respondent-company be wound up as they are unable to pay the debts due to the petitioner.
2. Despite issue of notice to the respondent, the respondent had failed to appear and oppose the petition. This Court had accordingly heard the petition for 'Admission' on 05.06.2014. The petition was admitted and the publication of order of 'Admission' 3 was directed to be taken in the newspaper. The said order has been accordingly published in the newspaper. Despite the same, neither the respondent- company nor any other creditor has approached this Court opposing the petition.
3. In that light, I have head the learned counsel for the petitioner.
4. As noticed, the petitioner and the respondent had entered into business transactions, whereunder the petitioner had dispatched the materials belonging to the respondent from different destinations to Bangalore. Towards the service charges, the petitioner had raised the invoices from 23.08.2008 onwards. The amount due and payable by the respondent was in a sum of Rs.5,35,044/-. The petitioner though had addressed several letters to the respondent, the respondent did not make any payment, but through their letter dated 04.05.2009 have acknowledged the amount due and payable to 4 the petitioner. Despite the same, respondent having sought time to make payment, the said amount had not been paid by the respondent. It is in that circumstance, the petitioner had got issued a statutory notice dated 27.07.2009 which is produced as Annexure-G to the petition and the postal acknowledgement is at Annexure-H.
5. Further, as noticed, at the time of admission of the petition, the respondent has not chosen to appear despite service of notice and the claim as made by the petitioner has not been controverted, nor the contention of the petitioner that the respondent is unable to pay its debts is disputed. In such circumstance, there is no other option for this Court, but to direct winding up of the company.
6. Accordingly, the petition is allowed. The Official Liquidator is directed to take charge of the assets of the respondent-company and proceed in accordance with law. To enable the said proceedings, 5 the petitioner shall deposit a sum of Rs.25,000/- with the Official Liquidator. The publication shall also be made by the petitioner in "The Times of India", English daily and "Vijaya Karnataka", Kannada daily. The advertisement shall be carried out on or before 14.08.2014. The copy of this order be filed with the Registrar of Companies in 30 days from the date of receipt of this order.
Sd/-
JUDGE ST