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TMI Blog2003 (4) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... to the company. The company was incorporated on August 18, 1990, and the lease was executed on December 5, 1990. After the formation of the company and after the lease was executed the company applied for necessary Government permission and/or licence. On May 20, 1992, the Government of West Bengal issued a provisional certificate for setting up the said factory. The validity period of the said licence was extended on May 24, 1994. On May 22, 1995, the petitioner resigned from the board of directors (the said fact was, however, disputed by learned counsel appearing for the petitioner). 2. Dispute and differences arose between Poddars and Ghoshes which had resulted in civil litigation being T.S. No. 40 of 2000 pending before the Third C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies, West Bengal, till the year 1999. I shall crave leave to refer to the same at the time of hearing." 6. When the application was first heard by me on January 9, 2003, in view of such categoric denial on the part of the company in respect of the second allegation I directed the Registrar of Companies to submit a detailed report. Accordingly, report was filed by the Registrar of Companies being dated January 27, 2003. From the report it appears that the company after filing the said affidavit filed relevant statutory documents making up the default for the past years. All those statutory documents were filed during the period January 23, 2001, to October 30, 2002, save and except three documents with regard to form 18 which had not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bihar Wire Wire Products (P.) Ltd. [1975] 45 Comp. Cas. 194 as well as Kumarapuram Gopal Krishnan Ananthakrishnan v. Burdwan-Cutwa Railway Co. Ltd. [1978] 48 Comp. Cas. 611 (Cal.). Reliance was also placed on the decision in Rupa Bharati Ltd. v. Registrar of Companies [1969] 1 Comp. LJ 296 (Ori.). Relying on the aforesaid cases, Mr. Chowdhury submitted that since the failure to commence business was an admitted fact this court should pass an order of winding up under the provisions of section 433( c ) of the said Act, 1956. Mr. Chowdhury further contended that as on the date of filing of the petition admittedly the company did not comply with the statutory requirements. Subsequent compliance with the statutory requirements after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate entity. Such death sentence should be given in a rarest of rare cases. If there is any slight hope of revival of the said company the Court must not use such discretion directing winding up of the Company. 11. In the present case, the company being a private limited company was formed by the Poddars and Ghoshes to start a manufacturing unit on the land given by Ghoshes. It might be true from 1990 to 2000 for about ten years both Poddars group as well as Ghosh group did not effectively take any step either for commencement of business or for complying with the statutory requirements in law save and except obtaining a licence from the Cottage and Small Scale Industries as well as from the professional tax authority. Both groups accep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... litigation for eviction of the company and thereafter approached this court for winding up the company. Hence, in my view, the winding up petition was filed by the petitioners for collateral purpose inasmuch as if the company is wound up it would help the petitioner to obtain possession of the land in question without waiting for a decree from the appropriate civil court. If the order of winding up is passed today the petitioners would apply under section 535 of the said Act of 1956 for recovery of possession and in most likelihood the petitioner would be able to obtain such relief from this court by way of summary proceeding. 15. Since I am convinced that the petition was made for such oblique purpose the petition should not be entert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing false evidence before this court on oath but also had committed contempt of this court by interfering with this Court of justice by making deliberate untrue statement on oath before this Court. I, therefore, issue rule calling upon the said Sitaram Poddar having his office at 64, Sarat Bose Road, Kolkata, to show cause why an appropriate proceeding should not be initiated against him for making such deliberate untrue statement in the affidavit and thereby causing interference with court of justice. Such rule is made returnable eight weeks hence before the appropriate Division Bench taking up such matters. 21. The Registrar of Companies accepted such belated returns as well as balance-sheets and other statutory documents in 2001-02 b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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