AJAY AGRAWAL Vs. INDERMAL SAMRATHMAL INFRASTRUCTURE PRIVATE LIMITED

JUDGEMENT

(1.) THIS is a company petition filed under Section 433 (F) of the Companies Act by one Ajay Agrawal, who claims to be a contributory/share holder of the respondent No. 1 company.

(2.) PERUSAL of the company petition shows that it is filed for winding up of the Respondent No. 1-company on the ground contained under Section 433 (F) of the Act i. e. just and equitable clause.

(3.) PERUSAL of the company petition would indicate that it is admittedly not filed in the format prescribed for filing the company petition for winding up of any company namely Rule 95 read with Form No. 45 prescribed under the Companies Court Rules. Part III of the Companies Court Rules, 1953, deals with the Chapter relating to winding up. This chapter elaborately deals with the winding up of petition and the manner in which they are to be filed and heard by the Company Judge. Rule 95 prescribes the manner in which the petition is to be filed by every petitioner.