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TMI Blog2021 (2) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... Court it is also just and equitable that the petition be allowed. The respondent-company deserves to be wound up under Section 433(e) and (f), 434 read with Section 439 of the Companies Act, 1956 - The respondent-company namely, M/s. Indus Garments (India) Private Limited is ordered to be wound up. The winding up order is to be advertised by way of publication in The Hindu English Daily Newspaper and Udayavani , Kannada Daily Newspaper in terms of Rule 113 of the Company (Court) Rules, 1959. The Official Liquidator is appointed as the Liquidator of the company and after taking charge of the assets as per Rule 114 is to proceed as per the Act and Rules. Petition disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... hich is enclosed at Annexure-F and the said notice came to be returned with the postal endorsement 'left' as is evident from the postal cover with endorsement enclosed at Annexure-G. 7. Petitioners further submit that notice was addressed to the registered office to the address as found in website and sending of notice to the address available, was sufficient and presumption under Section 27 of the General Clauses Act ought to be extended as regards service. Reliance is placed on the judgment of the Delhi High Court in the case of Kotak Mahindra Bank Ltd. v/s Hermonite Associates Ltd. and another reported in (2011) 2 Comp LJ 408 (Del). 8. It is further noticed that after notice of the present petition, there has been no statement of objec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies Act which provides the document may be served by sending it to the Company at the registered office of the Company or by leaving at its registered office and also taking note of Section 27 of the General Clauses Act, it is clear that the duty of the petitioner is to send the communication to the correct address and it is deemed that there would be service and such presumption is however left open to be rebutted by the respondent-Company. Further the judgment of the Delhi High Court under a similar factual matrix has held that notice sent to the address even if was not received by the addressee on the ground 'addressee left' was sufficient service by taking note of Section 51 of the Companies Act and Section 27 of the Gener ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of learned counsel for the respondent as follows: 5. Mr. T.S. Amarkumar, learned counsel appearing for the respondent- company-M/s. Indus Garments (India) Private Limited in Co.P.No.207/2013 fairly submits that the business operation of M/s. Indus Garments (India) Private Limited have been stopped long back and there is no business activity of the respondent- company, as of now. 13. It is noted that the petition was admitted as per the order of 21.09.2017 and advertisement was ordered and official liquidator was appointed as the provisional liquidator. 14. Taking note of the above, clearly a case is made out as regards inability to pay debts and also in light of the assertion that the business activity has stopped as made out by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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