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TMI Blog2012 (6) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... of winding up under section 433(e) and (f) of the Companies Act, 1956. For the purpose of convenience the parties are referred to as they are referred to before the company court. 2. The case of the petitioner is that the respondent was in occupation of a premises belonging to the petitioner under a leave and licence agreement. Since the respondent-company failed to vacate the premises and to pay the licence fee, the petitioner filed a suit in LE and C Suit No. 32/38 of 1992 on the file of Small Causes Court, Bombay. During the pendency of the suit, the parties arrived at a compromise and accordingly the suit came to be decreed in terms of the compromise petition as per annexure G. Since the respondent-company failed to honour the terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement was published on February 2, 2005, in English daily The Hindu. No objections are received opposing the winding up of the company. 5. In paragraph 5 of the impugned order, it is stated that in the statement of objections the respondent-company contends that the claim of the petitioner is barred by limitation and there is no specific determination of the claim and they are not liable to pay any dues. The statement of objections by the respondent-company to the company petition is placed on record. The statement of objections referred to runs about 8 pages. The statement of objections is in two parts. The respondent has specifically traversed each paragraph in the petition and in another part the respondent has set out what is his case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espective contentions by adducing oral evidence. If any documentary evidence is produced that also has to be looked into. Thereafter points for consideration have to be formulated and answered in the light of the material on record both oral and documentary evidence and the arguments addressed by learned counsel as well as keeping in mind the statutory provisions and the case law if any which is relevant for determination of the controversy between the parties. It is only then it can be said the court has discharged its responsibility and passed a valid order on merits. Against such an order a right of appeal is provided under the statute. Therefore, the impugned order passed do not satisfy the legal requirements. Therefore, a case for inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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