9911796707
TMI Blog2014 (5) TMI 1008X X X X Extracts X X X X X X X X Extracts X X X X ..... 012 and 13.11.2013 passed in Misc. Civil Application No. 182 of 2013 is hereby appointed as Official Liquidator. The Official Liquidator shall take possession of all movable and immovable assets of the respondent Company and shall file its report within a period of three months - Decided in favour of appellant. - COMPANY PETITION NO. 202 of 2011 - - - Dated:- 5-3-2014 - MR. R.M.CHHAYA, J. Ms. Amita S. Shah for the Petitioner Mr. Pradip J. Patel for the Respondent ORDER 1. By this petition under Sections 433 and 434 of the Companies Act, 1956 (hereinafter referred to as 'the Act' for 'the sake of brevity), the petitioner has prayed for winding up of the Company viz. M/s. B. Zaveri Jewels Pvt. Ltd. 2. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nication dated 28.12.2010 promised to deliver the ornaments as soon as possible. It further appears that thereafter the respondent Company tendered cheques amounting to Rs.14,23,625/- of different dates towards part payment of the valuation of the gold delivered. However, the first cheque dated 5.12.2010 was dishonoured. It further appears that the petitioner thereafter sent notice as provided u/s. 138 of the Negotiable Instrument Act. The respondent Company after receiving such notice requested the petitioner not to deposit other cheques because of financial difficulties. It is the case of the petitioner that thus from the very beginning the respondent had mala fide intention. The respondent Company was to give delivery of the ornaments bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13.11.2013 the petitioner was directed to publish notice for hearing in same two daily Newspapers and fixed final hearing of the matter on 16.12.2013. It may be noted that by earlier order dated 30.4.2013 the Official Liquidator attached to this Court was appointed as Provisional Liquidator. However, it appears that no actions have been taken by the Official Liquidator. It may further be noted that even thereafter the notice was not published and therefore further application being Civil Application No. 752 of 2013 was filed by the petitioner wherein time was extended till 16.1.2014 for publication of the notice as per earlier order and date of final hearing was fixed on 10.2.2014. An affidavit of proof of advertisement is filed by petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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