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TMI Blog2018 (1) TMI 1642X X X X Extracts X X X X X X X X Extracts X X X X ..... AM, J. Mr. Kezer Abbas Kharawala i/b. Lex Juris for petitioner. None for respondent. ORDER P.C.: 1 This petition is for winding up of respondent company Jailaxmi Sugar Products (Nitali) Pvt. Ltd. on the ground that the company is indebted to petitioner in the sum of ₹ 3,44,69,632.97/inclusive all interest, company is unable to discharge its debts and is commercially insolvent. When the petition was taken up for admission on 2nd August, 2016, this Court was pleased to pass the following order : This Company Petition has been filed seeking to wind up the Respondent Company Jaylaxmi Sugar Products (Nitali) Pvt. Ltd. on the ground that it is unable to pay its debts. It is the case of the Petitioner that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is in these circumstances that the present Petition is filed. 5 After the Petition was accepted, the same was sought to be served on the registered office of the Respondent Company. However, the packet containing the Company Petition was also returned back with the remark unclaimed . 6 As far as the service of the statutory notice is concerned, it is not in dispute that even today the registered office of the Company, in the records of the ROC is the same as the address on which the statutory notice was sought to be served. This being the position, and applying the ratio of the decision of this Court in the case of Deepak Machineries Pvt. Ltd. Vs Ispat Industries Ltd.1 I am satisfied that the service of the statutory notice is c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice has been sent is the same address as it appears from the extract of the Company Master Data maintained by the Ministry of Corporate Affairs. Mr. Kharawala states that the printout was taken out today. The same is taken on record and marked 'X' for identification. Therefore, I would conclude that the notice under Rule 28 has been validly effected. No affidavit in reply has been filed by respondent company and therefore, the averments in the petition have not been controverted. 3 This Court while admitting the petition has clearly satisfied that respondent company is unable to pay its debts and the claim of petitioner is undisputed. I have heard Mr. Kharawala, counsel for petitioner and also considered the pleadings and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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