LAWS(P&H)-2015-3-157

BALBIR CHAND Vs. VEERBHUMI PLANTATION(INDIA) LTD

Decided On March 17, 2015
BALBIR CHAND Appellant
V/S
Veerbhumi Plantation(India) Ltd Respondents

JUDGEMENT

(1.) MR . Arvinder Singh, learned counsel for the petitioners in CP No.42 of 2009, which was filed on behalf of 65 Creditors for winding up of the Company namely M/s Veerbhumi Plantation(India) Ltd. informs this Court that pursuant to order dated 11.2.2011 whereby this Court had ordered the winding up of the said Company, the publication in compliance of the said order has not been done. I have gone through the CP NO.42 of 2009, there is no affidavit, in this regard, has been filed on behalf of the petitioners in compliance of the order dated 11.02.2011.

(2.) MR . Arvinder Singh, learned counsel for the petitioners submits that dues of the petitioners/creditors are being settled by the applicants/subsequent vendees in CA No.104 of 2013 and therefore, the petitioner do not intend to cause publication of winding up order in the newspapers as well as in the Official Gazette and submits that order of winding up of respondent -company is incomplete. In support of his aforementioned contention, he relied upon Section 445 of the Companies Act, 1956 and the same is reproduced herein below: - "445 Copy of winding up order to be filed with Registrar: -

(3.) FROM the perusal of the aforementioned Section, extracted herein above, it is evident that winding up of the order has to be notified in the Official Gazette which admittedly, in the instant case has not been done.