SIRI RAM Vs. BULAKI DASS

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent is directed against the judgment of a learned Single Judge of this Court.

(2.) The appeal arises out of an order dated 4-1-1969 passed by the Additional District Judge whereby he directed the compulsory winding up of the company, namely, Delhi Kiryana Private Limited. The application was filed by some of the creditors of that company under Section 433 of the Companies Act, 1956, (hereafter referred to as the Act) for the compulsory winding up of the company on the ground that it was unable to pay its debts.

(3.) The petition was opposed by the company both on the ground that the Court in which the petition was filed had no jurisdiction to entertain the petition and also that the company was unable to pay its debts.