INDORE MILL MAZDOOR SANGH Vs. HOPE TEXTILES LTD.

JUDGEMENT

(1.) Having heard learned counsel for the petitioner and having perused the record of the case, I find no merit in this company petition filed by the workers under section 433(f) (sic) of the Companies Act. In case, if they have any grievance about non-payment of their dues due to various reasons, remedy lies in prosecuting these grievances in proper forum rather than to claim winding up of the company. Even according to the petitioner, they have taken recourse to some legal remedies for ensuring recovery such as petition, etc. In my view, this itself is sufficient to dismiss this petition because even under section 446(2) of the Companies Act, if petitioner has an alternative remedy to take recourse to recovery of their dues, then a petition for winding up cannot be entertained.

(2.) I, therefore, do not wish to entertain the petition and grant liberty to the petitioner to pursue any other remedies, which they are already pursuing before the appropriate authorities /courts for realisation of their outstanding dues.

(3.) It is with these observations, this petition fails and is hereby dismissed in liminc.