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IN THE MATTER OF: M/S SWADESHI PESTICIDES IND.(P) LTD. & ANR

High Court of Judicature at Allahabad

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In The Matter Of: M/S Swadeshi Pesticides Ind.(P) Ltd. & Anr - COMPANY PETITION No. 16 of 2006 [2006] RD-AH 9109 (8 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sunil Ambwani, J.

Heard Shri  Rahul Chaturvedi, learned counsel for petitioner-company

This Company Petition is  defective as the petitioner had not filed the loan agreement; the statement of accounts and last  annual report including balance sheet of the respondent company. The petitioner company was  given time on 17.4.2006 and thereafter 1.5.2006 with a clear direction that in case these documents are  not filed by the next date, the petition shall stand dismissed.

This Court hearing company matters is regularly receiving winding up petitions  without enclosing Certificate of Incorporation; Articles and 'Memorandum of Association' of the respondent company; annual reports; loan agreement and terms on which the liability is stated to be outstanding. The petitions are being filed casually as if the petitioners are filing money suits.

Inspite of clear direction and opportunity given to the the petitioner-company it has not  filed  documents which are  necessary for filing the winding up petition.

This creditor's winding up petition is accordingly dismissed with liberty to file a fresh petition annexing all the documents detailed as above.

Dt. 8.5.2006

RKP/-CP-16-2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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