← Library
Madras High CourtCP/64/2010dismissed

Global Xtend Ltd., v. M/S. Benechmark Softec Private

2017-10-26Honourable Mr Justice M.M.Sundresh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2017

CORAM

The Honourable MR. JUSTICE M.M.SUNDRESH Company Petition No.64 of 2010 Global Xtend Limited 150A Hermon Hill London E 181QH, United Kingdom ... Petitioner ..vs..

M/s Benchmark Softec Private Limited 3rd Floor, Santhome Communication Centre No.150, Luz Church Road Mylapore Chennai 600 004 ..Respondent Company Petition filed under Sections 433 (e), 434(1)(a) and 439 (1)(b) of the Indian Companies Act, 1956 read with Rule 95 of the Company Court Rules 1959 , praying a) order for Winding up of the respondent Company under the provisions of the Companies Act, 1956 b) appoint an Official Liquidator as Provisional Liquidator of the Respondent Company with all powers under Section 448 of the Companies Act, 1956 to take charge of the assets, properties, stock in trade and books of accounts of the Company c) Order costs of this petition and the proceedings from the assets of the Company.

For Petitioner : Mr.John Zachariah for

M/s Fox Mandal & Associates For Respondent : No appearance

ORDER

This Company Petition is filed under Sections 433 (e), 434(1)(a) and 439 (1)(b) of the Indian Companies Act, 1956 read with Rule 95 of the Company Court Rules 1959 , praying to a) order for Winding up of the respondent Company under the provisions of the Companies Act, 1956 b) appoint an Official Liquidator as Provisional Liquidator of the Respondent Company with all powers under Section 448 of the Companies Act, 1956 to take charge of the assets, properties, stock in trade and books of accounts of the Company c) Order costs of this petition and the proceedings from the assets of the Company.

2. The matter is pending for nearly seven years. From the

records it appears that paper publication was ordered. However, till date, the same has not been complied with. In such view of the matter, this Court is not inclined to keep this petition pending any longer, since the petitioner is not interested in pursuing it.

3. Accordingly, this Company Petition is dismissed. However, liberty is granted to the petitioner to file appropriate petition to restore the Company Petition, if so advised.

26.10.2017 rg

M.M.SUNDRESH,J rg C.P.No.64 of 2010 26.10.2017