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  RD-AH 9109 (8 May 2006)
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.
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