Allowed

Focus Lighting and Fixtures Pvt.Ltd. v. Brandhouse Oversee Ltd, Cin NO.U52100MH2009PLC199418

Bombay HC18 Sept 2014CP/621/2013

Case brief

AI extract

What is this about?

The Bombay High Court accepted a petition for the winding up of the respondent company. Finding the company unable to pay its debts and commercially insolvent despite a lack of opposition from the respondent, the court allowed the petition and ordered the appointment of a liquidator.

What did the court decide?

A winding-up order against the respondent company and appointment of a liquidator under the Companies Act, 1956.

Focus Lighting and Fixtures Pvt.Ltd. Vs Brandhouse… — Company and Corporate | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.621 OF 2013

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Focus Lighting and Fixtures Pvt. Ltd. versus Brandhouse Oviesse Limited

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… Petitioner

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… Respondent

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Mr. Sahil Mahajan with Mr. Prashant Kamble, for Petitioner. None for Respondent.

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CORAM: S.J. KATHAWALLA, J. DATE: 18^th SEPTEMBER, 2014

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P.C.:

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By the above Petition, the Petitioner seeks winding up of the

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Respondent Company – Brandhouse Oviesse Ltd. (“the Company”) on the ground that it is unable to pay its debts. The Company Petition is taken up for for hearing and final disposal.

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According to the Petitioner, pursuant to the various purchase orders placed by the Company with the Petitioner, the Petitioner had from time to time supplied the goods to the Company at various locations in India. The Petitioner had raised invoices/debit notes/credit notes upon the Company as

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more particularly set out in paragraph 7 of the Petition. The copies of the purchase orders are annexed as Exhibit-A to the Petition and the copies of the invoices/debit notes/credit notes and delivery challans are annexed and

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marked as Exhibit-B to the Petition.

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According to the Petitioner, the Company by its email dated 18th May,

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2012 admitted its liability in the sum of Rs. 4,58,000/-. Thereafter the Petitioner has supplied further goods/material aggregating to Rs. 16,13,495/-. According to the Petitioner, as per its books of accounts, goods worth Rs. 44,65,369.25 were supplied by the Petitioner to the Company, for which the Company has paid an amount of Rs.30,91,724/-, leaving a balance of Rs. 13,72,645.25.

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The Petitioner through its Advocates served a statutory notice dated 18^th March, 2013, on the Company calling upon the Company to pay an amount of Rs.13,72,645.25 with interest thereon at the rate of 18 per cent per annum within three weeks from the date of the receipt of the said notice. However, the Company despite having received the statutory notice has failed and neglected to respond to the statutory notice or make any payments as called upon therein. The Petitioner has therefore filed the above Company Petition seeking winding up of the Company.

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The above Company Petition was admitted on 12-08-2014. However, the issuance of the advertisements was dispensed with since this Court whilst admitting the Company Petition No.438 of 2013, had directed the Petitioner therein to advertise the Company Petition in Free Press Journal ( in English) and Navshakti ( in Marathi) as well as in Maharashtra Government

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Gazette. Notice under Rule 28 of the Companies Court (Rules) 1959, is also served on the Respondent as per Service Report dated 27-08-2014 of the Company Department. Even at this stage, the Company has not come forward to oppose the Petition. In the circumstances, I am satisfied that the Company is unable to pay its debt. The Company is commercially insolvent and deserves to be wound up. The Company Petition is therefore, allowed in terms of prayer clauses (a) & (b), which are reproduced hereunder :

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(a) the Company namely Brandhouse Oviesse Limited, be wound up by and under the orders and directions of this Hon'ble Court and under the provisions of the Companies Act, 1956;

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(b) this Hon'ble Court be pleased to appoint the Official Liquidator of this Hon'ble Court or some other fit and proper person as it deems fit as the Liquidator of the company namely Brandhouse Oviesee Limited with all powers and authorities under the Companies Act, 1956;

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The Official Liquidator shall forthwith act on a copy of this order without waiting for any Notification.

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The Company Petition is accordingly disposed of.

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( S.J.KATHAWALLA, J. )

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Focus Lighting and Fixtures Pvt.Ltd. v. Brandhouse Oversee Ltd, Cin NO.U52100MH2009PLC199418

Case brief

What is this about?

What did the court decide?

Focus Lighting and Fixtures Pvt.Ltd. v. Brandhouse Oversee Ltd, Cin NO.U52100MH2009PLC199418

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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