SHAIKH MAHFOOZ Vs. HOTEL OASIS PVT.LTD.

JUDGEMENT

(1.) THIS is an application filed under Section 433 read with Section 439 of the Companies Act, 1956 (hereinafter referred to as 'The Act).

(2.) IT appears from the averments made in the petition that the petitioners 1 and 2 are husband and wife respectively. The opp.party No.1 is a Private Limited Company which is sought to be wound up. The opp.party No.4 is the father of opp.parties 2 and 3 and the uterine brother of petitioner No.1

(3.) THE two grounds advanced by the petitioners in support of their claim for an order of winding up of the opp.party No.1 -company, are the purported resolution dated 11.7.2004 said to have been passed in the Extraordinary General Body Meeting for winding up of the company and allegation of mis -management and oppression of minority over the majority leading to breach of trust and loss of confidence amongst the members of the opp.party No.1 -Company.