SHIVKANT CHAUDHARY Vs. DINESH CHANDRA MAINGI

JUDGEMENT

(1.) This application is taken out on behalf of exdirector of respondentcompany Geeta Marine Services Pvt. Ltd. to set aside/recall the winding up order dated 19.3.2009, after condoning delay of 6 years and 4 months.

(2.) The facts in brief are as under :

(3.) It is the case of the applicant and the relief sought is the order passed on 19.3.2009 winding up the company should be recalled because notice as required under Rule28 of Companies (Court) Rules 1959 was not served upon the company, serving such a notice was mandatory and failure to serve such notice was fatal to the petition.