9911796707
TMI Blog2019 (3) TMI 1976X X X X Extracts X X X X X X X X Extracts X X X X ..... to a winding up proceeding. The present petition is accordingly dismissed with liberty to the petitioner to take steps as per law against the actual entity. - CO.PET. 682/2016 - - - Dated:- 13-3-2019 - HON'BLE MR. JUSTICE JAYANT NATH For the Petitioner : Mr. Sanjeev Kumar, Adv. For the Respondent : Mr. K. Datta, Mr.Manish Shrivastava and Ms.Prachi Johri, Advs. for Times Internet Ltd. O R D E R 1. Present petition is filed under Sections 433(e), (f), 434(1) (a) (c) and 439 of the Companies Act, 1956 seeking winding up of the respondent Company. 2. Learned counsel for the respondent at the outset states that the admitted position is that the respondent Company, namely, Times Business Solution Ltd. has cea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of such matters, proceedings or cases in accordance with the provisions of this Act; (b) any person aggrieved by any decision or order of the Company Law Board made before such date may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising out of such order: Provided that the High Court may if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days; and *(c) all proceedings under the Companies Act, 1956 (1 of 1956), including proceedings relating to arbitration, compromise, arrangements an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt) Rules, 1959. ] 6. Hence, a company is unable to pay its debt only when a demand is served at the registered office of the company to pay the sum so due and the company despite lapse of 3 weeks neglects to pay the sum or to secure the same. A petition under Section 433(e) can only be entertained after compliance of the mandatory procedure of Section 434 (1)(a) of the Companies Act. As no statutory notice has been sent against the company, namely, Times Internet Ltd, the said company cannot also be impleaded or subjected to a winding up proceeding. The present petition is accordingly dismissed with liberty to the petitioner to take steps as per law against the actual entity. 7. All pending applications also stand disposed of. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
