Elmech Engineers vs. Ahura Enterprises Private Limited

M/s. Elmech Engineers. ] ... Petitioners Vs. Ahura Enterprises Private Limited. ] ... Respondent

Mr. Sandeep R. Jalan for Petitioners. None for Respondent.

CORAM : S. J. KATHAWALLA, J. DATE : JUNE 14, 2012

P.C. :

1. By this Company Petition, the Petitioners seek winding up of Ahura Enterprises Private Limited ('the Company') which was incorporated on 18/04/1980 under the provisions of The Companies Act, 1956 ('the Act'). The Company Petition is at the stage of admission.

2. According to the Petitioners, in the regular course of their business, they supplied various Welding Consumables, Wires and Accessories to the Company, as more particularly described in the delivery challans and invoices raised in that behalf. The terms of payment was agreed 30 days from the date of invoice and thereafter interest was agreed to be payable @ 24% per annum. The Petitioners, through their Advocate, issued a statutory notice dated 16/11/2011 to the Company and called upon the Company to pay the outstanding of Rs.1,44,049/ with interest thereon @ 24% per annum. According to the Petitioners, the statutory notice sent to the Company through a registered letter was returned unserved with the endorsement "Refused to take, therefore returned"; and the notice sent through Speed Post AD was duly received by the Company . According to the Petitioners, the Company did not send any reply to the said statutory notice nor paid any amounts even after receipt of the said notice. According to the Petitioners, a sum of Rs.2,03,156/ is due and payable by the Company to the Petition along with interest thereon @ 24% per annum on and from 01/02/2012. The Petitioners therefore filed the present Company Petition and have submitted that the Company is unable to pay its debt and therefore deserves to be wound up. It is therefore submitted that the Company Petition be admitted and directed to be advertised.

3. From the aforesaid facts, I am satisfied that an amount of Rs. 2,03,156/ along with further interest thereon as per the Particulars of Claim annexed and marked as Exhibit 'V' to the Petition is due and payable by the Company to the Petitioner. The Company has not responded to the statutory notice and has also not made any payments after receipt of the said notice. As can be seen from the Affidavit of Service of the Company Petition, though a copy of the Company Petition is served on the Company, the Company has not come forward to defend the same. The submissions/contentions made/advanced in the Company Petition have therefore remained uncontroverted. I am therefore satisfied that the Company is unable to pay its debts. Hence the following Order :

• i) The Company Petition is admitted and made returnable on 18th July 2012.
• ii) The Petition shall be advertised by the Petitioners in two local newspapers namely 'Free Press Journal' (in English), 'Nav-Shakti' (in Marathi) and in Maharashtra Government Gazette.
• iii) The Petitioners shall, on or before 25th June 2012, deposit an amount of Rs.10,000/ with the Prothonotary and Senior Master of this Court towards publication charges with intimation to the Company Registrar, failing which the Company Petition shall stand dismissed for nonprosecution.
• iv) A copy of this Order shall forthwith be served on the Company at its registered office, by the Advocate for the Petitioner.

(S. J. KATHAWALLA, J.)