Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2008 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (7) TMI 568 - HC - Companies LawWinding up - Held that:- The respondent-company is unable to pay its debts since, despite the service of statutory notice under section 434 of the Act by the petitioner, on the company at its registered office (proof of service whereof is also on record), the respondent has neglected to pay the amount admitted to be due or to secure or compound for it to the reasonable satisfaction of the petitioner within three weeks from the date of receipt of the notice. The petitioner has placed on record a copy of the notice dated 15-2-2006 sent through speed post item No. EE285750970 IN on 16-2-2006 as well as the certificate issued by the postal authorities certifying that the speed post article had been delivered on 17-2-2006. Even otherwise, there is no denial by the respondent in its reply to the specific averments with regard to the issuance and service of the notice by the petitioner. Reference may made to paragraph 8 of the petition and the corresponding reply of the respondent in this regard. Therefore, admit this petition and direct that the respondent company be wound up. The official liquidator attached to this Court is appointed as the liquidator in respect of the respondent-company. He shall forthwith take over all the assets and records of the respondent company and proceed according to law. Citation shall be published in the ‘Statesman’ (English) and ‘Jansatta’ (Hindi) for 8-8-2008. Petitioner may take steps accordingly.
|