Gujarat High Court
Rmc Readymix (India)(A Division Of ... vs Chanchal Infrastructure Private ... on 30 March, 2016
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
O/COMP/361/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY PETITION NO. 361 of 2015
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RMC READYMIX (INDIA)(A DIVISION OF PRISM CEMENT
LIMITED)....Petitioner(s)
Versus
CHANCHAL INFRASTRUCTURE PRIVATE LIMITED....Respondent(s)
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Appearance:
MR. NIRAV D TRIVEDI, ADVOCATE for the Petitioner(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
Date : 30/03/2016
ORAL ORDER
1. This petition under Sections433 and 434 of the Companies Act, 1956 ("the Companies Act", for short) has been preferred with a prayer to wind up the respondentCompany, namely, Chanchal Infrastructure Private Limited, having its registered office at the address mentioned in the memorandum of the petition, and to appoint the Official Liquidator attached to this Court, as a liquidator of the Company, with all powers under the Companies Act to take charge of its assets, affairs, books of accounts etc.
2. The petitioner is engaged in the business of Page 1 of 5 HC-NIC Page 1 of 5 Created On Tue Apr 05 00:41:59 IST 2016 O/COMP/361/2015 ORDER trading of readymixed concrete products and the supply of these materials in the State of Gujarat as well as the rest of the country. The respondent Company, which is engaged in the construction business, approached the petitioner to supply ready mixed concrete to its site and placed purchase orders in this regard. The petitioner has supplied ready mixed concrete, totalling to 404 Cubic Meters, to the respondentCompany, at different points of time, aggregating to the value of Rs.14,61,348/. Copies of the invoices and delivery challans are annexed at AnnexureA (Collectively). It is the case of the petitioner that the respondentCompany has failed to pay the above, outstanding amount, in spite of repeated reminders orally, telephonically and in writing. A copy of a letter issued by the petitioner to the respondentCompany, dated 28.02.2014, is annexed at AnnexureB. No reply was received by the petitioner to the said letter, therefore, it issued a statutory notice under Sections433 and 434 of the Companies Act to the respondentCompany, calling upon it to pay the amount of Rs.14,61,348/ with 36% interest, from the date of the invoices, within three Page 2 of 5 HC-NIC Page 2 of 5 Created On Tue Apr 05 00:41:59 IST 2016 O/COMP/361/2015 ORDER weeks, failing which the petitioner would approach the Court by filing appropriate proceedings. The notice was sent by Registered Post A.D. and the receipt evidencing its service upon the respondentCompany, has been annexed. As no payment was made by the respondentCompany pursuant to the notice and no reply was given by it, the petitioner has approached this Court by way of the present petition.
3. Notice was issued in the petition on 28.10.2015. In spite of the service of notice, the respondent Company has not put in an appearance. Fresh notice was issued to the respondent on 11.02.2016, which has been served. Since then, the petition has been listed on several occasions, but the respondentCompany has not thought it fit to appear before the Court and defend the petition. On 04.03.2016, this Court passed an order recording the aspect that notice has been served upon the respondentCompany, but none has appeared on its behalf. An opportunity was granted to the respondentCompany to make arrangements to defend the petition, observing that the Court would proceed with the hearing of the petition on the next date. As none has appeared for the respondentCompany till date, Page 3 of 5 HC-NIC Page 3 of 5 Created On Tue Apr 05 00:41:59 IST 2016 O/COMP/361/2015 ORDER this Court has proceeded with the hearing of the petition.
4. There is no material on record to indicate that the respondentCompany has raised any dispute regarding the nonsupply of goods, or supply of defective goods by the petitioner, at any point of time. Nor is there any reply to the statutory notice. Taking into consideration the material placed on the record of the petition, which primafacie establishes that an amount of Rs.14,61,348/ is due to the petitioner from the respondentCompany, this Court considers it appropriate to pass the following order :
(i) Admit.
(ii) The Registry is directed to notify the petition for final hearing on 03.05.2016.
(iii) In view of the fact that none has appeared on behalf of the respondentCompany, a last opportunity is being granted to it, in order to make good the dues it owes to the petitionerCompany. With this end in mind, the advertisement of the petition is deferred, till the next date of hearing.
Page 4 of 5 HC-NIC Page 4 of 5 Created On Tue Apr 05 00:41:59 IST 2016 O/COMP/361/2015 ORDER (SMT. ABHILASHA KUMARI, J.) Gaurav+ Page 5 of 5 HC-NIC Page 5 of 5 Created On Tue Apr 05 00:41:59 IST 2016