TITAN INDUSTRIES LTD. Vs. PUNWIRE MOBILE COMMUNICATION LTD.

JUDGEMENT

(1.) The petitioner in C.P. No. 47 of 2000 claims to be engaged inter alia in the business of manufacturing watches and jewellery. The respondent- company is alleged to have placed orders for supplying of watches manufactured by the petitioner. Despite the supply of the said watches, substantial payments in lieu thereof are stated to be still pending. On account of not discharging its debt towards the respondent-company, it first issued a statutory notice requiring the petitioner-company to pay its dues, and then approached this Court by filing the instant winding up petition when the respondent-company did not respond to the statutory notice.

(2.) Notice of motion was issued to the respondent-company to show cause why the winding up petition filed under section 439 of the Companies Act, 1956 be not admitted for hearing on 9-3-2000. On 20-4-2000, Mr. R.P.S. Gulati, the Assistant General Manager entered appearance on behalf of the respondent-company and sought time to engage counsel to represent the respondent-company as well as to file written statement in response to the instant C.P. No. 47 of 2000. Eventually, Mr. Anand Chhiber, advocate was engaged by the respondent-company to defend it before this Court. Despite the fact that a large number of opportunities were afforded by this Court to the respondent-company, it failed to file any response. Eventually on 13-10-2000, six weeks further time was granted to the respondent-company to file written statement, subject to the payment of Rs. 5,000 as costs. However, on the adjourned date, i.e., on 10.11.2000, Mr. Anand Chhiber, advocate stated that he was not in an effective position to file written statement on behalf of the respondent- company, which fact was duly noticed by the Court in its order. It would be pertinent to mention that costs imposed by this Court vide order dated 13.10-2000 were not paid.

(3.) A large number of winding up petitions had been filed against Punjab Wireless Systems Ltd. (Punwire). In one of the winding up petitions, namely C.P. No. 226 of 1999 H.S. Oberoi & Associates Vs. Punjab Wireless Systems Ltd. , this Court vide its order dated 27-7-2000 (passed in C.A. No. 705 of 1999) appointed the official liquidator as the provisional liquidator of Punwire.