2009 (12) TMI 523

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.... JUDGMENT 1. This is a petition under section 433 of the Companies Act, 1956 for winding up of M/s. Omaxe Construction Ltd., along with CA No. 1551/09 for appointment of a Provisional Liquidator. The respondent-company carries on the business of construction and is stated to have been incorporated under the Companies Act, 1956 in 1989 and has its registered office in New Delhi. 2. On 14-12....

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....nt-company was to undertake the construction of a Mall at the Demised Premises, which would thereafter enable the Intending Lessee to carry on the business of garments and apparel under the brand/trade name of 'Ritu Kumar'. Clause 2 of the Agreement states that the said Mall was to be constructed by the Intending Lessor by 31-12-2007, which would be extended in the case of force majeure circumstan....

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..... It is the case of the petitioner that more than 20 months have lapsed since the date on which the Mall was supposed to be constructed and that, till date, the petitioner has not been handed over possession of the Demised Premises. A personal inspection of the construction site by officers of the petitioner-company, photographic evidence of which has been annexed as "Annexure D (Colly)" to this p....

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.... & Co. (P.) Ltd. v. Daewoo Motors India Ltd. [2003] 116 Comp. Cas. 529 ^1 (Delhi), that "where no response had been made to the statutory notice the Respondent-Company runs the risk of a winding up petition being admitted for hearing at the threshold stage itself." It has further been held, in the same case, that "Normally, the Company Judge considers it prudent in the first instance to issue noti....