SHUVAM WATCH STRAPS PVT LTD Vs. BINAYAK SARKAR

JUDGEMENT

(1.) THE Court: This application under Sections 433, 434 and 439 of the Companies act, 1956 has been filed for winding up of Shuvam Watch Straps Pvt. Ltd. , hereinafter referred to as the company.

(2.) THE petitioning creditor claims to carry on business relating to inter alia advertising and publicity under the name and style of M/s. T. Sarkar. According to the petitioning creditor, the business was initially started by the father of the petitioning creditor in partnership with the petitioning creditor. After the death of the of the petitioning creditor's father, the partnership business has been continued by the petitioning creditor as sole proprietor, under the same business name.

(3.) THE partnership firm M/s T. Sarkar, of which the petitioning creditor was partner, along with his father, since deceased, was appointed Marketing and publicity agent of the company.