VINAYAK PROJECTS Vs. MANAV INFRASTRUCTURE LTD.

JUDGEMENT

(1.) This petition is filed under Sections 433 and 434 read with Sec. 439 of the Companies Act of 1956 for winding up of respondent-company, wherein the petitioner has prayed that the respondent company M/s. Manav Infrastructure Pvt. Ltd. be ordered to be wound up by an order and directions of this Honourable High Court under provisions of the Companies Act, 1956 and the Official Liquidator, High Court of Gujarat or some other fit and proper person be appointed Liquidator of the respondent company with all necessary powers under provisions of the Companies Act, 1956 to take complete charge of the assets of the company including all its properties and records and to conduct its affairs in the course of winding up and to distribute its assets in accordance with law.

(2.) Heard learned advocate Mr. Vishal Dave for the petitioner and learned advocate Mr. Shelat for respondent.

(3.) Learned advocate Mr. Dave appearing for the petitioner contended that the respondent-company, as per the agreement i.e. the work order dated 12.5.2011, had assigned the construction and civil work to the petitioner as per the terms and conditions stipulated in the said agreement and the rates mentioned in the work order for carrying out construction work at the site Shri Balaji Green Valley, Opp. Divine International School, Ahmedabad to the petitioner. The aforesaid construction work was to be carried out with regard to a bunglow scheme in which the task of the petitioner was to do various items of execution of construction work as per the work order for bunglow no.10(A)(B) to 14(A)(B) respectively. As per the work order, the petitioner has carried out various works from time to time and different bills were also raised. It is the case of the petitioner that the petitioner carried out total work for an amount of Rs. 3,34,80,819.11.