DEMACH ENGINEERS (P) LTD Vs. WINNY XAVIER

JUDGEMENT

(1.) The respondent in the company petition is the applicant herein. This application is filed praying for the grant of the following reliefs:

(2.) Company Petition No. 1 of 1983 was filed by the respondent in this application. The respondent was an employee of the company. Alleging that the company neglected and refused to pay a sum of Rs. 6,109.50 as salary and other dues inspite of repeated demands and that the applicant company is commercially insolvent, Company Petition No. 1 of 1983 was filed praying that the company be wound up under the provisions of the Companies Act. This petition was filed on 21st December 1982. Notice was ordered to the respondent on 27th January 1983. The company entered appearance and filed an affidavit in opposition, dated 28th February 1933. The matter was adjourned from time to time. An affidavit in reply was filed by the petitioner in the Company Petition. When the matter came up for arguments on 20th June 1983, it was adjourned to 30th June 1983. The proceedings recorded read as follows:

(3.) This application No. 85 of 1983 is dated 28th February 1983, long before the matter came up for consideration on 20th June 1983. After filing the above application praying to revoke the order of admission of the company petition No. 1 of 1983, the matter stood adjourned from time to time on three occasions, 20th June 1983, 30th June 1983 and 19th July 1983. The matter was adjourned specifically for settlement. Even thereafter from 18th August 1983 upto 13th March 1984 the above application (No. 85 of 1983) was not pressed, but the proceedings were adjourned for evidence and for production of documents.