Belluti Leather Creations v. M/S.Fuzail Shoes Pvt.Ltd.
/ 1 /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(COMPANY JURISDICTION) TUESDAY, THE 19th DAY OF AUGUST 2014 THE HON'BLE MR.JUSTICE M.DURAISWAMY C.P. No.66 of 2013 In the matter of the Companies Act, 1956 and In the matter of Sec. 433(e) & (f), 434 (1) (a), & Sec.439(1) (B) and (C) of the said Act.
Belluti Leather Creations Pvt. Ltd..
rep. by its Director-Belluti Simone, 18/10, 7th Street, 1st Floor, AE Block, Anna Nagar, Chennai-600 040.
... Petitioner -VersusM/s.Fuzail Shoes Pvt. Ltd., rep. by its Management, No.1, Kumarappa Street, Periamet, Chennai-600 003.
... Respondent Company Petition praying that this Hon'ble Court be pleased that:- a) the Respondent company viz., M/s.Fuzail Shoes Pvt. Ltd., be ordered to be wound up by and under the Orders and Directions of this Hon'ble Court under the provisions of the Companies Act, 1956;
b) to appoint the Official Liquidator, High Court, Madras as the Liquidator of the Respondent Company with all powers under the provisions of the Companies Act and to take charge of the Assets of the Respondent Company and to conduct its affairs in the course of the winding up and to distribute its assets in accordance with law; c) for costs of the present petition.
/ 2 / This ompany Petition coming on this day before this court for hearing, the Court made the following order:- By order dated 02.12.2013, this Court, while admitting the Company Petition for winding up, ordered notice as contemplated under the Act. Apart from other things, this Court also directed the petitioner to publish the Company Petition in Tamil Nadu Government Gazette fixing the date of hearing on 10.01.2014.
2. When the matter was taken up for hearing today, the learned counsel for the petitioner submitted that by inadvertance, the petitioner failed to publish in the Tamil Nadu Government Gazette as directed by this Court. In these circumstances, the learned counsel appearing for the petitioner submitted that the petitioner is prepared to redo the exercise.
3. Having regard to the submission made by the learned counsel for the petitioner, the following order is passed:
(i)Notice on the Court Notice Board.
(ii)Notice to the respondent.
(iii)Notice to the Registrar of Companies, Chennai.
(iv)Affixure of notice at the premises of the Registered Office of the respondent-Company. (v)The petitioner is directed to publish the Company Petition in one issue of Tamil daily "Malai Murasu" and in one issue of English daily "The New Indian Express" and also in the Tamil Nadu Government Gazette fixing the date of hearing on 10.10.2014.
/ 3 / (vi)The petitioner is directed to publish the Company Petition giving at least fourteen days clear advance notice.
4.Post the Company Petition on 10.10.2014.
Sd./- MDJ 19.08.2014 //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2014 COURT OFFICER From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.