2010 (9) TMI 1307

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....ne ORDER 1. In this company petition filed under Section 434 of the Companies Act the petitioner-company has prayed for an order to wind up the respondent-Company. 2. Petitioner is a private limited Company incorporated under the provisions of the Companies Act and engaged in offering services in the field of design, consultancy, creation of retail market environments, brand development a....

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....the respondent-Company is liable to pay in all a sum of Rs. 19,86,721.85 by the end of July 2008. The three cheques issued by the respondent-Company on 25-8-2008 for Rs. 2,00,000, on 30-8-2008 for a sum of Rs. 2,00,000 and on 2-9-2008 for Rs. 4,00,000 came to be returned with a shara 'funds insufficient'. Though the fact of dishonour of cheques was brought to the notice of respondent-Company, they....

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....guments of the learned counsel for the petitioner-Company and perused the entire petition papers. 6. The memorandum of understanding dated 7-6-2008 as per Annexure A is not in dispute. The invoices raised by the petitioner-Company as per Annexure B series are not in dispute. The fact of issuing three cheques for a sum of Rs.8,00,000, dishonour of the said cheques and intimation of the same to t....

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...., bona fide and genuine. Further itis seen that the registered office of the respondent-Company is now sealed by the statutory authorities. Even the notice issued from this Court came to be returned with a shara as respondent-Company is sealed. This material on record establishes the fact that the respondent-Company is not functioning and failed to pay the dues to the petitioner-Company. 8. For....