9911796707
TMI Blog1976 (2) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1913. Its registered office is situate at Silver Oaks, Civil Lines, Kanpur. The main object of the company is to carry on the business of exporters, importers, distributors, wholesale and retail dealers, commission agents of textile fabrics of all kinds as also to buy and sell raw cotton, wool, silk, jute, hemp and other raw materials, etc. The share capital of the company was Rs. 33,000. It was held by three persons who were closely related to each other. Two of the shareholders, namely, Moti Chandra and Kailash Nath, were directors of the company. Moti Chandra was the managing director. The company filed a balance-sheet as at October 26, 1962, which disclosed the state of affairs of the company as follows : Rs. &nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey were again prosecuted, convicted and fined by the concerned Magistrate. In spite of these prosecutions and convictions, the company continued its habit of default in filing the balance-sheets for the subsequent years. In fact, no balance-sheet for any of the years subsequent to 1967 has been filed till now. It is apparent that the company and its directors are habitual defaulters and in spite of repeated reminders, they have wilfully failed to file it with the Registrar of Companies. It has been stated in the counter-affidavit that the company was unable to file the balance-sheets because its account books were produced in a suit pending in a court of law. It has also been stated that the directors made various attempts to get the books ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame allegations have been reiterated in the counter-affidavit filed to the present petition. It is significant that the company or its directors have not produced any cogent documentary or oral evidence to sustain this plea. In its reply, the managing director stated that Messrs. Roop Narain Ram Chandra (Private) Ltd., to whom the company owed a sum of Rs. 12,23,087.89, have also resolved not to charge any interest on the respondent-company. That shows that Messrs. Roop Narain Ram Chandra (Private) Ltd. have not given up the debt of Rs. 12 lakhs and odd. They have simply given up charging the interest. It is, therefore, not quite correct to say that the company is not indebted to the extent of the amount mentioned in the balance-sheet. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... business for more than a year and that there is no possibility of its resuming business in the foreseeable future has been fully made out. Under clause (c) of section 433, a company may be wound up by the court if it suspends its business for a whole year. Under clause (e), a winding-up order can be made if the company is unable to pay its debts. In my opinion, the Registrar has fully made out a case both under clauses (c) and (e). In the result, the petition is allowed. Messrs. M.K. Brothers (Private) Ltd., Kanpur, is directed to be wound up under the provisions of the Companies Act, 1956. The order may be advertised in one issue each of a newspaper in the English language and a newspaper in the regional language circulating in this Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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