ASHOK FASHIONS LIMITED Vs. MEGHDOOR ACID AND CHEMICALS

JUDGEMENT

(1.) Appellant, M/s. Ashok Fashions Limited, has filed this appeal against the order passed by learned Company Judge on 29.2.1996 in Company Petition No. 25 of 96, whereby the learned Company Judge, after admitting the Company Petition, has directed public advertisement on or before 8th March 1996 in Gujarati daily Gujarat Samachar and English daily The Times of India. It is further ordered that the final date of hearing to be notified would be 30- 3-1996.

(2.) The respondent herein presented a Company Petition before the learned Company Judge praying for winding up of the appellant-Company as in spite of statutory legal notice under the Companies Act 1956 calling upon the appellant to pay the principal sum of Rs, 1,69,290/- together with interest thereon at the agreed rate of 24% p.a. the Company has failed to honour the same. In the Company Petition, the respondent herein made the following averments on oath:-

(3.) Mr. Kamal Trivedi, learned advocate submitted that the order of publication for winding up of the appellant-Company is obtained by the respondent by suppression of material facts as well as by misrepresentation of important facts so as to invoke the jurisdiction of this Court under the Companies Act. It was submitted that though it was within the knowledge of the respondent that the appellant-Company is having its registered office at Calcutta, and under the Companies Act, the High Court of Judicature at Calcutta has the jurisdiction, by misleading the Court to the effect that the record is available with the Registrar of Companies, Gujarat State, Ahmedabad and by not disclosing that the Registered Office of the appellant-Company is situated at Calcutta, has obtained the orders.