9911796707
TMI Blog1979 (11) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... tions at Bangalore. The petitioners have prayed that the firm be wound up under the provisions of the Act, as the respondent-firm and its partners have failed to pay each of the petitioners the balance of their subscription amounting to Rs. 4,000 in each case together with bonus thereon in the sum of Rs. 341.65. Balance due to each of the petitioners is indicated as follows : Petitioner Memership No. Amount subscribed Plus Bonus Amount paid by the 1st respondt. Balance Rs. Rs. Rs. Rs. Petitioner No. 1 48 4,000 Plus 341.65 1,000 3,341.65 Petitioner No. 2 287 4,000 Plus 341.65 -- 4,341.65 Petitioner No. 3 31 4,000 Plus 341.65 2,000 2,341.65 Petitioner No. 4 49 4,000 Plus 341.65 -- 4,34 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 79, which latter date is the date of filing of the petition. They have set out in detail that the respondent-firm was formed by respondents Nos. 2 to 4 and registered under the Partnership Act on October 20, 1969, together with one Shyamalal and another Shri P.S. Radhakrishna Shetty. It is further alleged that Shyamalal died and the firm was continued with the remaining partners. Later, respondent No. 5 was inducted in the year 1975. The aforementioned Radhakrishna Shetty, it is alleged, got himself released from respondent No. 1. It was only on October 5, 1978, that respondents Nos. 6 to 11 were inducted as partners and, therefore, they claim no liability for the transactions entered into by the firm prior to that date. It is further alleg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubstantiated as the respondents have not chosen to pursue the defence. Respondents Nos. 3 and 8 had been served and have remained unrepresented. Respondents Nos. 1 to 5 were also served and have remained unrepresented and the proceedings were continued placing them ex parte. This court has appointed the official liquidator as the provisional liquidator of the company on August 10, 1979, in Company Application No. 76/1979. In these circumstances, accepting the case of the petitioners, the 1st respondent-firm shall be wound up in accordance with the provisions of the Act as an unregistered company. Therefore, this court doth hereby order that the respondent-firm be wound up in accordance with law and the provisional liquidator is hereby ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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