M/S Sunshine Enterprises v. M/S Royal Palms (I) Pvt Ltd (Unit Imperial Palace Hotel ) Cin U92190mh1984ptc33676

ppn 1 909.cp-1184.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.1184 OF 2015 M/s.Sunshine Enterprises ..

Petitioner Vs.

M/s.Royal Palms (I) Pvt Ltd.

..

Respondent --- Mr.Ashish Mehta a/w Ms.Shruti Khandelwal for the petitioner. Mr.Nimay Dave a/w Mr.Roshan Pinto i/by M/s.Mulla & Mulla & Craigie Blunt & Caroe for the respondent.

--- CORAM : R.D. DHANUKA, J.

DATE : 29th March 2017 P.C. :

.

By this petition, the petitioner seeks winding up of the respondent company on the ground that the respondent is unable to pay its debts.

2.

The petitioner has filed this company petition on the ground that the respondent has failed and neglected to pay a sum of Rs.4,28,686.51 with further interest thereon for the transactions between 6th October 2009 and 29th November 2011. Admittedly the company petition is lodged on 19th May 2015 which is ex facie barred by law of limitation.

3.

It is not the case of the petitioner that there is any part payment made by the respondent or any acknowledgement of the liability within a period of three years from the due date or that the petition is filed within three years from the date of such acknowledgement of the liability or of the part payment.

ppn 2 909.cp-1184.15.doc 4.

In my view, the petition is barred by law of limitation and is accordingly dismissed. No order as to costs.

R.D. DHANUKA, J.