GENERAL ENGG. WORKS Vs. APEX CABLES (P.) LTD.

JUDGEMENT

(1.) This is a petition brought by General Engineering Works under sections 433 and 434, read with section 439 of the Companies Act, 1956, praying for an order of winding up against Apex Cables P. Ltd., hereinafter referred as the respondent-company. The facts averred in the petition are that the petitioner company upon confirmed order by the respondent-company had supplied CA Flat Wire, 33 Nos. of Coils, weighing 1.962 MT to the respondent-company. The value of the supplied material is stated to be Rs. 48,265.20 excluding sale tax at the rate of 10 per cent amounting to Rs. 4,826. The supply of the material was made and duly received by the representative of the respondent-company at its office at Ambala on 20-8-1993. The receipt of the said material has been annexed to this petition as Annexure P.S. Challan No. 167 and bill No. 168 dated 20-8-1993 were duly raised against the respondent-company. Copies thereof have been placed on record. The respondent-company failed to clear its liability and even cheque dated 28-7-1994 issued towards part payment of the due to the respondent-company was dishonoured by the bank and was returned for lack of funds. Photostat copy of this dishonoured cheque was placed on record as Annexure P.B. Having failed to clear its due in spite of best efforts, the petitioner-company served statutory notice dated 10-10-1996 on the respondent-company and its directors, which was duly received by them. Copy of the postal receipt, registered acknowledgement due and notice have been placed on record as Annexures P.10 to P.12 respectively.

(2.) On the above facts notice was issued to respondent-company for 18-7-1997, but in spite of service, respondent-company failed to appear and show cause why the petition be not admitted. Consequently, the company court vide its order dated 8-8-1997 held as under :

(3.) The petitioner company has again filed an affidavit of service on record alongwith copies of Indian Express dated 3-9-1997, Jansatta (Hindi) dated 3-9-1997 and copy of Haryana Government Gazette dated 18-8-1997 where notice is directed vide aforesaid order was published. In spite of this, nobody appeared to oppose this petition.