9911796707
TMI Blog1983 (5) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... seeks to wind up the company. The petitioner contends that as the company carries on business within the jurisdiction of this court and has assets in India, this court has jurisdiction to wind up the said company as an unregistered company under sections 584, 585, 588 and 434 of the Companies Act, 1956. The petitioner alleges that a sum of Rs. 2,58,518.80 is due and owing by the company to the petitioner on account of excess freight paid. It is alleged that the company is being wound up in an appropriate court in Germany. The petitioner alleges that a notice under section 583 of the Companies Act, 1956, dated December 2, 1981, was duly served on the company, in spite whereof the dues of the petitioner remained unpaid. At the hearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2] 3 WLR) : "I would accordingly attempt to summarise the essentials of the relevant law relating to the existence of jurisdiction to make a winding-up order in normal cases in respect of a foreign company as follows : (1.) There is no need to establish that the company ever had a place of business here. (2) There is no need to establish that the company ever carried on business here, unless perhaps the petition is based upon the company carrying on or having carried on business. (3) A proper connection with the jurisdiction must be established by sufficient evidence to show, ( a ) that the company has some asset or assets within the jurisdiction, and ( b ) that there are one or more persons concerned in the proper distribution of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atutory notice on the foreign company under its hand. It is a matter of record that statutory notice has not been served on the foreign company under the hand of the petitioner but by the advocate-on-record acting on behalf of the petitioner. In view of the said provision, learned counsel for the petitioner conceded that the statutory notice was defective, but he contended that even otherwise the court had jurisdiction to pass an order of winding-up in such a case in the facts and circumstances. He submitted that, admittedly, the company was in the process of being dissolved in Germany. It was also the admitted position that the company had ceased to carry on business in Calcutta. The company was involved in financial circumstances and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment or otherwise, to whom the company is indebted in a sum exceeding five hundred rupees then due, has served on the company, by leaving at its principal place of business, or by delivering to the secretary, or some director, manager or principal officer of the company, or by otherwise serving in such manner as the court may approve or direct, a demand under his hand requiring the company to pay the sum so due, and the company has, for three weeks after the service of the demand, neglected to pay the sum or to secure or compound for it to the satisfaction of the creditor; .. ( d )if it is otherwise proved to the satisfaction of the court that the company is unable to pay its debts". In the facts and circumstances, I am inclined to acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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