Amit Mittal v. M/S. Pristine Switchgears India Pvt. Ltd. Cin No. 31504pn2008ptc131437

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 906 OF 2014 Amit Mittal Proprietor of M/s. Shyam Udyog ...

Petitioner

Versus

M/s. Pristine Switchgears India Private Limited ...

Respondent Mr.G.B.Kedia for the Petitioner.

Mr.Vaze i/b. City Legal for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 30 TH APRIL, 2015 P.C.

1.

On 2nd March, 2015 the Company Petition was disposed of in terms of the Consent Terms taken on record and marked 'X' for identification. Under the Consent Terms, the Company had undertaken to this Court to pay an amount of Rs. 39,52,128/- to the Petitioner as under : a.

Rs.5,00,000/- on or before 25th March, 2015 by RTGS b.

Rs.8,64,432/- on or before 15th April, 2015 by RTGS c.

Rs.8,64,432/- on or before 15th May, 2015 by RTGS d.

Rs.8,64,432/- on or before 15th June, 2015 by RTGS e.

Rs.8,58,837/- on or before 15th July, 2015 by RTGS 2.

The Company failed to pay any installment as undertaken to the Petitioner. In view thereof, the Company Petition stood revived and

2 / 3 admitted. The same was advertised and has now come up for final hearing.

3.

Even at this stage, no amount whatsoever is paid by the Company to the Petitioner. In view thereof, I am satisfied that the Company is unable to pay its debts and deserves to be wound up. The Company Petition is therefore allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder :

"(a) that the Company - M/s. Pristine Switchgears India Private Limited be wound up by and under the order and directions and supervision of this Hon'ble Court under the provisions of the Companies Act, 1956 ;

(b) that the Official Liquidator, High Court, Bombay be appointed as Liquidator of the Company, its entire assets, properties, affairs and records of the Company, lying of the registered office of the Company at M/s. Pristine Switchgears India Private Limited, 6, Continental Chambers, Karve Road, Pune - 411004, also at M/s. Pristine Switchgears India Private Limited, Gat No. 1295 / 1 - 10, 1296 / 1 - 10, 1140, 1122 and 1129, Shirwal - Palshi Road, Mouje Shirwal, Taluka Khandala, District Satara, Pin Code 412 801, Maharashtra, India".

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The Official Liquidator shall forthwith take charge of the records as well as the assets of the Company.

5.

The Company - M/s. Pristine Switchgears India Private Limited is restrained by an order and injunction from dealing with, disposing of, parting with possession and / or creating any third party rights in respect of its assets until the Official Liquidator takes possession of the same. 6.

The above Petition is accordingly disposed of. (S.J. KATHAWALLA, J.)