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Issues involved:
Petition for winding up under Sections 433 and 434 of the Companies Act, 1956 due to failure to discharge function and carry on business, outstanding dues for polyester chips, revival of petition after default, inability to pay outstanding dues, order for winding up and appointment of Liquidator. Analysis: The petitioner filed a petition under Sections 433 and 434 of the Companies Act, 1956 seeking to wind up the respondent company due to its failure to discharge functions and carry on business. The petitioner claimed that the respondent had purchased polyester chips on credit but failed to pay the outstanding dues, leading to a substantial amount remaining unpaid. Despite various attempts to recover the dues, including statutory notices and court proceedings, the respondent failed to clear the outstanding amount of Rs. 75,26,477/- with interest. The respondent's inability to pay the dues was evident, and the matter was listed for final hearing. The court noted the history of the case, including previous dismissals and revivals of the petition due to defaults and lack of payment by the respondent. Efforts were made to settle the outstanding dues through consent terms and withdrawal of the petition, but these attempts were unsuccessful. The court observed that the respondent had repeatedly failed to honor its commitments and make payments as per the consent terms, leading to a breach of agreement. Despite multiple chances given to the respondent, it continued to default on payments, indicating its inability to function in accordance with the Companies Act. During the hearing, the respondent expressed its inability to pay the outstanding amount, and upon considering the facts and submissions, the court concluded that the respondent had lost its financial viability to operate under the Companies Act. The court ordered the winding up of the company and directed the Deputy Official Liquidator to take charge of the company's assets, properties, accounts, and belongings. The Liquidator was instructed to submit a report to the court within eight weeks of taking possession of the assets. Ultimately, the petition for winding up was allowed, and the company was ordered to be wound up. In conclusion, the judgment highlighted the respondent company's persistent failure to pay outstanding dues, leading to its financial insolvency and inability to continue its operations as per the Companies Act. The court's decision to wind up the company and appoint a Liquidator was based on the company's inability to function and pay its debts, as evidenced by its repeated defaults and breaches of agreements.
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