JAHNU BARUA Vs. AIDEOPUKHURI TEA ESTATE PVT. LTD.

JUDGEMENT

(1.) Heard Mr. S. Bharali, learned counsel for the applicant, Ms. N. Goswami, learned counsel for respondent No. 2 and Mr. D. Borah, learned counsel appearing for the Registrar of Companies, i.e., the Official Liquidator.

(2.) This application has been filed under Section 466 of the Companies Act, 1956, for stay of winding up proceedings of Aideopukhuri Tea Estate Private Limited (respondent/Company).

(3.) Without delving into details, all that is necessary to be stated at this stage to arrive at a fair decision on this application is that respondent No. 2 had filed an application under Sections 433/434 of the Companies Act, 1956, for winding up of the respondent/ Company on account of inability of the respondent/Company to repay its debts. The said application was registered as Company Petition No. 12 of 2002. According to respondent No. 2, respondent/Company owed a sum of Rs. 1,95, 733/- to him. Though a cheque for an amount of Rs. 78,680.00 was issued by the respondent/Company to the respondent No. 2, the same was dishonoured. Request made by respondent No. 2 to the respondent/Company for payment of the dues was not responded to, which led to institution of the related company petition.