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2021 (8) TMI 305 - HC - Companies LawSeeking for an order of winding up of the respondent-company - section 433(e) and (f) of the Companies Act, 1956 - HELD THAT:- It is to be noted that the claim as made by the petitioner-company as reflected at annexure "G" is not controverted. Annexure "G" is dated July 15, 2009 and the same is issued much earlier to the notice issued by the petitioner-company at annexure "J" dated April 22, 2010. Annexure "G" is self-explanatory and balance confirmation by the respondent-company is clear. The said document is not controverted by filing the statement of objections. It is also to be noticed that though the reply notice was made by the respondent-company as per annexure "K", there is no reference to the contents of annexure "G". Even after the present petition was filed, neither objections have been filed nor any assertions taking away the effect of admission in annexure "G" has been made. Clearly, the company is unable to pay its debts. The undertaking made before this court and recorded on March 28, 2014 also remains uncomplied. A case is made out for winding up of the company. Another matter to be taken note of is the statement made on behalf of the company that there is no substratum of the company in light of the settlement reached before the Debts Recovery Tribunal and assets have been utilised for such settlement. Such a stand by the company would also make it "just and equitable" to order for winding up. It is also settled position that demand for setting aside the striking of the company can be made under section 252 of the Companies Act. As pointed out that striking of the name of the company should not come in the way of passing an order of winding up in light of consequences of an order of winding up and the power of the company court in proceedings subsequent to winding up - In fact, even under the provisions of the Companies Act of 1956 under section 560(5) and (6), the power of the court to order for winding up even when the company is struck off from the register was available. Petition disposed off.
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