Gujarat High Court
Supack vs Samay on 17 February, 2011
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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COMP/93/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 93 of 2008
=========================================================
SUPACK
INDUSTRIES PVT. LTD. - Petitioner(s)
Versus
SAMAY
ELECTRONICS PVT. LTD. - Respondent(s)
=========================================================
Appearance :
MR
BR GUPTA for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 17/02/2011
ORAL
ORDER
This petition under Sections 433 and 434 of Companies Act, 1956 is filed with a prayer to wind- up the respondent-company and further that Official Liquidator be appointed as provisional liquidator to take over the charge of the assets of Samay Electronics Pvt. Ltd. and to supervise the management and affairs of the Company, since the company is unable to carry out its business in accordance with the provisions of the Companies Act.
Shri B.R.Gupta, learned advocate for the petitioner-Company submits that the Company is indebted to the petitioner in the principal sum of Rs.1,61,423/- being the unpaid value of the goods sold and delivered to the Company and also upto the date interest calculated at the agreed rate of 21% per annum. A statutory notice was issued to the company responding the company by RPAD on 30th January, 2008 with specific demand to pay outstanding dues and notice was served on the Company with its registered office on 4th February, 2008 but the Company has failed and neglected to pay the amount nor even reply was filed to the said notice.
This Court issued notice vide order dated 26.3.2008 making it returnable on 15.4.2008. Despite of service, no one appeared and fresh notice was issued on 22.9.2008 with returnable date 20th October, 2008. Respondent remained consistently absent and no reply is filed in this proceedings on 20th October, 2008. Learned Company Judge while admitting the petition directed the petitioner to advertise in two newspapers and accordingly advertisement was given. Even after order dated 20.8.2009 passed by this Court directing the petitioner to publish the advertisement in two newspapers and compliance of the above order is reported by petitioner by filing affidavit dated 1st September, 2009. Thereafter also, the matter was also adjourned from time to time, but no one is appeared on behalf of respondent nor any other appearance is registered by respondent nor any reply is filed.
Considering the over all aspects, the petitioner has taken all actions in accordance with law to recover its outstanding dues by issuing a statutory notice and reminders and after filing of this petition, the publication in widely circulated Gujarati daily as well as in English daily but no reply has come on the record. I am satisfied that the respondent-company has failed to perform its functioning in accordance with the provisions of Companies Act and rules made thereunder and therefore, I deem it just and proper to pass an order of winding up against the respondent Company. The Official Liquidator attached to this Court is hereby appointed as the Liquidator of the said respondent-Company. He is permitted to exercise all powers in the capacity as the Liquidator under the Companies Act, 1956 including under Sections 456 and 453, thereof. He shall immediately take possession of all the assets and movable and immovable properties of the respondent-Company, as also the records and books of accounts of the Company. In the meanwhile, the respondent-Company, its Directors, Officers and servants are hereby restrained from transferring, alienating, encumbering, dealing with or creating third party interest over the assets and properties of the company.
The notice for final order of winding up shall be published in two daily newspapers viz. "The Indian Express", English daily as well as in "Phulchhab", Gujarati daily, both Rajkot editions being the same newspapers in which the Notice of Admission was published. The same shall also be published in the Official Government Gazette.
This petition is allowed accordingly.
(ANANT S.DAVE, J.) (ashish) Top