SKOL BREWERIES LIMITED Vs. SANMAN DISTRIBUTORS PRIVATE LIMITED

JUDGEMENT

(1.) BOTH the company applications arise out of identical facts and, therefore, were taken up and heard together and are disposed of by this common order.

(2.) IN Company Application No. 363 of 1997 made in Company Petition No. 422 of 1992, the applicants (respondent-company in the main company petition) have prayed for setting aside the ex parte winding up order dated 25-4-1997 and for consequential relief that Company Petition No. 422 of 1992 be restored to file and be heard and finally disposed of on merits. In Company Application No. 364 of 1997 made in Company Petition No. 430 of 1992 also, the applicants (respondent-company in the main company petition) have prayed for setting aside the ex parte winding up order dated 25-4-1997 and for consequential relief that Company Petition No. 430 of 1992 be restored to file and be heard and finally disposed of on merits.

(3.) FOR the sake of brevity and convenience, I intend to refer to the facts of Company Application No. 363 of 1997 in Company Petition No. 422 of 1992. The said company petition was filed by the petitioning creditor M/s. Skol Breweries Ltd. for winding up of the applicant-company Sanman Distributors Pvt. Ltd. According to the petitioning creditor, a huge sum was outstanding against the applicant-company and despite various demands, when the company did not make payment, statutory notice was sent at the registered office of the company. Even thereafter the company did not make payment, necessitating filing of the present company petition, seeking winding up of the company on the ground that it was unable to pay its debt. The company petition was accepted and notice was issued to the applicant-company. On 2nd March, 1995, when the matter came up for admission before this Court, Miss Sidhwa, Advocate, appeared and stated that she was unable to take instructions from the company in view of the order passed by the City Civil Court, Bangalore, on 21-11-1994 and, therefore, she prayed for her discharge in the matter. This Court after recording this fact ordered admission of the company petition and its advertisement in two newspapers and the Maharashtra Government Gazette for hearing of the company petition on 20th April 1995. However, the matter was posted for hearing on 25th April 1997. Nobody appeared on behalf of the company on that date and this Court passed an ex parte order of winding up and consequential order in terms of prayers (a) and (b) of the company petition.