M K ROONGTA Vs. METALLICA INDUSTRIES LTD

JUDGEMENT

(1.) This is a petition filed under sections 433 and 434 of the Companies Act seeking an order of winding up against the respondent company. According to the petitioner, he has to recover various amounts from the respondent who was his employer on account of salary, encashment of privilege leave, gratuity etc. I have heard the learned counsel for the petitioner and the respondent. After hearing both the sides, I find that except the amount of gratuity i.e. Rs.79,800/- there is no defence put up by the respondent and in so far as the amount of gratuity is concerned, according to the respondent, the petitioner has to approach the appropriate authority for recovery of that amount. It is however interesting to note that in reply, there is no defence to show why the respondent has withheld the amount of gratuity. In these circumstances, in my opinion, following order would serve the ends of justice: