Allowed

Pokarmal Gurdayal Limited v. Hilton Organic Chemicals Pvt. Ltd.

Gujarat HC22 Jul 2015COMP/139/2012

Case brief

AI extract

What is this about?

In this petition under Sections 433 and 434 of the Companies Act, 1956, the Court wound up the respondent company due to its failure to appear or dispute liability. The Court appointed the Oficial Liquidator to take custody of the company's assets, properties, books, and records after creating inventory and a panchnama.

What did the court decide?

The respondent company was ordered to be wound up, and the Official Liquidator was appointed to take charge of assets, properties, books, and records.

Pokarmal Gurdayal Limited Vs Hilton Organic… — Execution and Attachment | Gujarat HC (2015)

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O/COMP/139/2012 JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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COMPANY PETITION NO. 139 of 2012

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FOR APPROVAL AND SIGNATURE:

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HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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1	Whether Reporters of Local Papers may be allowed to see the judgment ?
2	To be referred to the Reporter or not ?
3	Whether their Lordships wish to see the fair copy of the judgment ?
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?

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POKARMAL GURDAYAL LIMITED....Petitioner(s)

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Versus

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HILTON ORGANIC CHEMICALS PVT LTD....Respondent(s)

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Appearance:

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RC JANI & ASSOCIATE, ADVOCATE for the Petitioner(s) No. 1

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AFFIDAVIT OF SERVICE OF NOTICE NOT FILED for the Respondent(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 22/07/2015

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ORAL JUDGMENT

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This petition is filed under Sections 433 and 434 of the Companies Act, 1956, with a prayer that the respondent company be wound up by an order of the court, and the Official Liquidator attached to this Court be appointed as Liquidator of the respondent company with a direction to take charge of the assets and the properties of the respondent company.

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Page 1 of 2

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O/COMP/139/2012 JUDGMENT

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This Court passed an order on 15.1.2013, whereby this petition was admitted, and order of publication of advertisement was deferred. Thereafter, the petitioner filed O.J. Civil Application No. 661 of 2013, in which, this Court passed an order on 18.11.2013, whereby the petitioner was permitted to publish an advertisement in an English daily newspaper Indian Express’ as well as in a Gujarati daily newspaper Divya Bhaskar’ latest by 22.11.2013.

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In pursuance to the permission granted by this Court, the petitioner published the advertisements in the concerned newspapers on 22.11.2013 with regard to the admission of the petition. However, the respondent company or any other person have not objected to passing of order of winding up. Respondent company has not disputed its liability by filing appearance or by filing reply.

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In view of the facts and circumstances, the respondent company is hereby directed to be wound up. The Official Liquidator attached to this Court is appointed as a Liquidator. The Liquidator shall take charge and custody of the assets, properties, books of accounts and the record of the respondent company, after drawing inventory and a panchnama.

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The petition is disposed of accordingly.

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(VIPUL M. PANCHOLI, J.)

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sndevu

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Page 2 of 2

Pokarmal Gurdayal Limited v. Hilton Organic Chemicals Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Pokarmal Gurdayal Limited v. Hilton Organic Chemicals Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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