ASIAN BEARING CO. Vs. VASANT ENGINEERING (P) LTD.

JUDGEMENT

(1.) The original petitioner in Company Petition No. 67 of 1985 has filed the present application to take action for contempt of court against the respondentVasant Engineering (P) Ltd.

(2.) The learned advocate for the applicant is seeking an amendment to the petition. The amendment is being sought today, i.e., more than eleven years after the filing of the original petition. The petition is being adjourned from time to time only for the purpose of granting admission and it seems that this amendment is sought only with a view to protract further hearing. In case I find that the petition is maintainable, then I would consider the claim for amendment; but, at this stage, 1 do not entertain this prayer of seeking amendment as, in my opinion, the same is not a bona fide one.

(3.) The present applicantAsian Bearing Company had filed Company Petition No. 67 of 1985 under section 433 of the Companies Act, 1956, seeking an order of winding up of Vasant Engineering (P) Ltd., a company incorporated under the Companies Act, 1956. After issuance of notice in the said petition, the respondent had appeared and it seems that the parties had arrived at a settlement. As per the said settlement, a statement was made before this court on 28 October, 1985, and there after this court disposed of the said petition by passing the following order :