2004 (1) TMI 392

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....for the Respondent. ORDER 1. This is a company petition filed under section 433(e) and (f) of the Companies Act seeking winding up of the respondent company known as Kedia Distilleries Ltd. The winding up is sought essentially on the ground that respondent company is unable to pay admitted debt of the petitioner company to the tune of Rs. 1,71,43,173 despite repeated demand made by the petit....

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.... 3. Having heard the learned counsel for the parties and having perused the record of the case - I am of the considered opinion that the petitioner has made out a case for winding up the respondent company within the meaning of section 433(e) of the Act. 4. It is not in dispute that this court admitted this petition on 5-5-2000 and further directed advertisement of the petition in terms of the ....

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..... Indeed, this position/fact was admitted by the counsel appearing for the respondent in his submission. The closure of running business coupled with the fact that there are no grounds for revival of business itself indicate that respondent company is unable to pay/liquidate any of the debts. 6. When there is no business activity, when there are huge outstanding dues payable by the company, and....

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.... for taking custody of the Company's assets. List on 30-1-2004. 9. Parties through counsel. 10. On 27 January, 2004, this court was pleased to direct winding up of the respondent/company, i.e., Kedia Distilleries Ltd. having their registered office at 160, Kanchan Bagh, Indore. 11. In terms of rule 109 of the Companies (Court) Rules, 1959, the Registrar of this court is hereby directed to....