LAWS(GJH)-2012-3-563

OSWAL MACHINERY LTD. Vs. PIPAVAV SHIPYARD LTD.

Decided On March 09, 2012
Oswal Machinery Ltd. Appellant
V/S
Pipavav Shipyard Ltd. Respondents

JUDGEMENT

(1.) The petitioner company has taken out present petition under Sections 433 and 434 of the Companies Act seeking below mentioned relief and order against the respondent company:

(2.) After issuing and serving, at the registered office of the respondent company, statutory notice in compliance of Section 433 read with Section 434 of the Act, the petitioner has preferred present petition for the reasons and on the grounds stated in the petition, some of which are extracted hereinabove. It is necessary to note that the statutory notice was replied by the respondent vide its response dated 04.05.2010.

(3.) In response to the notice issued under the order passed by the Court after hearing the petitioner the respondent company entered appearance and resisted the petition by filing reply affidavit. In its reply affidavit the respondent company has, while dealing with the assertions and allegations of the petitioner company, stated, inter alia, that: