AJANTA ENTERPRISES Vs. ANITA TEX PRINT LTD

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) THIS petition presented on 13 -5 -2003 is under Sections 433 and 439 of the Companies Act, 1956 (for short, 'the Act, 1956'). Therein the prayer is made that M/s. Anita Tex Print Limited, SP35, RHCO Industrial Area, Kaladera -3033801, Chomu, District Jaipur, the respondent company be wound up. Further prayer has been made to put all the movable and immovable assets of the respondent company in the charge of the Official Liquidator attached to this Court immediately, even during the proceedings, and that the Official Liquidator be directed to make payment of the petitioner of the amount of dues along with interest at the rate of 18 per cent per annum till the date of realization. Award of costs has also been prayed for.

(3.) DOCUMENT Ex.1 is a notice which is alleged to have been sent by the petitioner to the respondent company through his Advocate, demanding this amount. The notice is dated 9 -9 -2002. There is another notice on record as Ex.2 sent by the petitioner to the respondent company through Advocate, which is dated 17 -10 -2002. The petitioner sent last notice through the Advocate to the respondent company on 3 -5 -2003 which is Ex.5 on the record of the company petition.