RAJESH HIMATHLAL AJMERA Vs. CHADALAVADA INFRATECH LIMITED

JUDGEMENT

(1.) Since, on same set of facts, except a change in the amount due to the respondent, similar relief has been claimed, both these Company Petitions have been heard together and disposed of by this common order.

(2.) For convenience sake, the facts narrated in Company Petition No.269 of 2014 are referred to.

(3.) Petitioners are partners of unregistered partnership firm, namely, M/s. Devang Electricals. Respondent is a Company registered under the Companies Act, 1956 (for short the Act), engaged in the business of execution of engineering contracts and construction works. The petitioners firm claims to have supplied various goods to the respondent under different purchase orders. As the respondent failed to pay the amount due with respect to the said supplies, the petitioners firm got issued a statutory notice, dated 30.12.2013 under Section 434 of the Act calling upon it to pay the amount due and further cautioning that in the event of non-payment of due amount, it would be constrained to invoke the jurisdiction of this Court under Section 434 of the Act. In spite of the same, the respondent neither gave reply nor denied the legal demand, as such, the petitioners filed this Company Petition seeking to wind up the respondent on the ground of its inability to pay the amount due.