MANJULABAI Vs. JAYANT VITAMINS LTD

JUDGEMENT

(1.) THIS order shall also govern the disposal of Company Petitions Nos. 6 of 1989 (Sardarmal Bordia v. Jayant Vitamins Ltd.), 9 of 1989 (Smt. Sadhana Devi v. Jayant Vitamins Ltd.), 12 of 1989 (Smt. Manjulabai v. Jayant Vitamins Ltd.), 15 of 1989 (Ramesh Chordia v. Jayant Vitamins Ltd.) and 7 of 1989 (Ram Mohan Bhagvandas Jain v. Jayant Vitamins Ltd. ). All these petitions have been filed for winding up of the company situated at Ratlam known as Jayant Vitamins Ltd. filed under Section 433 read with Section 439 of the Companies Act.

(2.) JAYANT Vitamins Ltd. (hereinafter called "the company") is a company duly registered under the Companies Act and has its registered office at Ratlam. Its authorised share capital consists of 85,00,000 shares of Rs. 10 each, 50,000, 9. 5 % redeemable cumulative preference shares of Rs. 100 each, and 10,00,000 unclassified shares of Rs. 10 each. The issued and subscribed capital consists of 38,74,500 equity shares of Rs. 10 each, and 20,000 9. 5 per cent. redeemable cumulative preference shares of Rs. 100 each. The petitioners in Company Petitions Nos. 4, 6, 9, 12 and 15 are partnership firms dealing in supply of goods, and the petitioner in Company Petition No. 7 is carrying on a business in transport of goods.

(3.) IN Company Petition No. 4 of 1989, the petitioner, Smt. Manjulabai, claims to carry on business in the name and style of R. Samrathmal at 74, Chandni Chowk, Ratlam. In Company Petition No. 6 of 1989, the petitioner is Sardarmal Bordia, karta of Sardarmal Sagarmal Bordia (HUF) carrying on the business in the name and style of Shree Catalyst at 68, Industrial Area, Ratlam. In Company Petition No. 9 of 1989, Smt. Sadhana Devi, resident of Chandni Chowk, Ratlam, is the petitioner who is carrying on a business in the name and style of Nanalal Samarthmal at 74, Chandni Chowk, Ratlam. In Company Petition No. 12 of 1989, Smt. Manjulabai is the petitioner who carries on a business in the name and style of I. S. Paints (India) at 50, Chandni Chowk, Ratlam. In Company Petition No. 7 of 1989, the petitioner is Rammohan Jain, proprietor of B. R. Road Lines, residing at Mazgaon, Bombay. In Company Petition No. 15 of 1989, the petitioner is Ramesh Chordia who carries on a business in the name and style of Ramesh Chordia and Company at 100, New Road, Ratlam.