2006 (1) TMI 264

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..... 1. We are in respectful agreement with the reasoning given and the order passed by the Hon ble Sunil Ambwani, J, on 29-9-2005, Secure Industries Ltd., In re [2007] 138 Comp. Cas. 559 (All.). In His Lordship s order sitting as Company Judge he refused to pass a receiving order on the winding up petition of the appellant. 2. The statutory notice was served on the allegation that goods so .....

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..... rdship refused to admit the winding up petition. It is well known that unless the defence of the company is moonshine, the winding up procedure is not the proper one. We also note that the supplies were made in 1996, and in the winding up petition in 1999, the petitioner has never obtained a self restraining injunction so as to save the period of limitation for a suit. No suit has been filed. It i .....

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