VANS GOPAL SINGH Vs. JAIPUR UDYOG

JUDGEMENT

(1.) THE petitioners have filed this petition under Section 439 of the Companies Act, 1956, for winding up of the respondent M/s. Jaipur Udyog Limited, PNB Building, Third Floor, 5, Parliament Street, New Delhi (hereinafter shall be referred to as 'the respondent -company').

(2.) THE ground pleaded for winding up of the respondent -company is that the respondent -company is not making the payment of the dues of its employees. It is difficult to appreciate the winding up petition by the applicants for recovery of payment of their salary/wages. For recovery thereof they have many remedies i.e., to raise an industrial dispute through petitioners Nos. 3 to 6 or to go to the Payment of Wages Authority, but that has not been done.

(3.) LEAVING apart whether the due wages of the workers of the respondent -company is a debt or not, otherwise also this petition is not maintainable as the petitioners have not made compliance of statutory provisions of Section 434 of the Companies Act, 1956. Even where document annexure 5 is taken as a notice under Section 434 of the Companies Act, 1956, the petitioners have not produced any evidence to show that the same has been delivered at the registered office of the respondent -company, thus it cannot be treated a valid notice under Section 434 of the Act aforesaid. In winding up petition the petitioners conveniently withheld the mode by which the notice was sent to the respondent -company. In the absence of the evidence to show that the document annexure 5 has been delivered at the registered office of the respondent -company, compliance with the provisions of Section 434 of the Act aforesaid remained unfulfilled and this is another ground on which no relief in this petition can be granted to the petitioners.