ALPHA DRUG INDIA LTD. Vs. PERFECT DRUGS LTD.

JUDGEMENT

(1.) THIS petition was filed by the petitioner under Sections 433 -439 of the Companies Act, 1956 praying for winding up of M/s. Perfect Drugs Ltd. After issuance of notice to show cause on 17 -4 -1996, the respondent had entered appearance and stated on 10 -11 -1998 that the matter was pending consideration in a reference made before BIFR. Subsequently on 6 -11 -1999 it was stated that the company stood declared sick by the BIFR. Consequently, by an order passed on 20 -8 -1999, the matter was adjourned sine die.

(2.) IT is stated by Mr. Rajeev Bahl, learned standing counsel for the Official Liquidator that another petition under Sections 433 -439 of the Companies Act, 1956 was filed in this Court which was registered as Com. Pet. No. 509/ 1998. The pendency of the present case was not brought to the notice of the court. However by an order dated 21 -3 -2008, this Court had directed that the respondent company be wound up.

(3.) THIS petition is therefore dismissed with liberty to the petitioner to take 4 appropriate steps for lodging its claim in the pending liquidation proceedings.