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TMI Blog2012 (6) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... r is remitted back to the learned company judge to restore the petition to its original file and provide opportunity to the parties to lead evidence - O.S.A. NO. 45 OF 2010 (Arising from order of Single Judge in Comp. Petition No. 132 of 2000, dated 24-9-2010.) - - - Dated:- 16-9-2011 - N. KUMAR AND RAVI MALIMATH, JJ. Ashok Haranahalli for the Appellant. Anup S. Sham for the Respondent. JUDGMENT N. Kumar, J. - This appeal is preferred challenging the order passed by the learned company judge ( Besto Clutches Spares v. Cauvery Software Engineering Systems Ltd. [2011] 105 SCL 212 /l67 Comp. Cas. 342 (Kar.) who has passed an order of winding up under section 433(e) and (f) of the Companies Act, 1956. For the purp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the municipal taxes, telephone and other charges in accordance with law. 3. Since the respondent-company failed to pay the agreed charges for the period from 1992 to 1995, the petitioner issued a statutory notice on September 17, 1996 and another notice on October 12, 1996. The respondent-company issued a reply notice on November 6, 1996, denying the liability. Therefore, the petitioner was constrained to file this petition under section 433(e) and (f) of the Companies Act, 1956, for winding up of the respondent-company. 4. This petition came to be admitted on January 18, 2005 and permitted the petitioner to take out advertisement. Accordingly, the advertisement was published on February 2, 2005, in English daily The Hindu. No ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e company would have serious consequences not only to the company which is ordered to be wound up but to the public in general and to the creditors and debtors of the company. If the company is a defunct company the consideration would be altogether different. An order of winding up makes no difference as the company is already defunct. Insofar as going companies are concerned, the court has to be careful before passing an order of winding up. As it is a original proceedings when both the parties have set out their case it is necessary to state in the order of winding up at least the substance of the respective contentions an opportunity is to be given to substantiate the respective contentions by adducing oral evidence. If any documentary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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