Dismissed

Ramjesh Singh Jhajj & Anr. v. M/S Carzon Rent India Pvt. Ltd.

Punjab & Haryana HC23 Jan 2012CAPP/31/2011

Case brief

AI extract

What is this about?

In this appeal against a winding up order of M/s Jhajj Travels Private Ltd., the High Court dismissed the appeal. The appellant failed to pay the requisite court fee by presenting a demand draft of Rs. 5 lakh even after adjournments. Consequently, the court found no bona fides and dismissed the appeal without merit.

What did the court decide?

The appeal was dismissed as the appellant failed to establish bona fides by furnishing the court fee demand draft.

Ramjesh Singh Jhajj & Anr. Vs M/S Carzon… — Insolvency and Bankruptcy | Punjab & Haryana HC (2012)

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CAPP No. 31 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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CAPP No.31 of 2011 (O&M) Date of decision 23.1.2012

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Ramesh Singh Jhajj and another

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.Appellants

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Versus

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M/s Carzon Rent (India) Private Ltd.

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.. Respondent

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CORAM: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE AJAY KUMAR MITTAL

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Present: Mr. Manish Jain, Advocate for the appellants

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To be referred to the Reporter or not ?

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Whether the judgement should be reported in the Digest ?

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M.M.KUMAR,J.

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The instant appeal filed under Section 483 of the Companies Act, 1956 (for brevity 'the Act') is directed against order dated 5.8.2010 (A.1) whereby the learned Company Judge had ordered the winding up of the company known as M/s Jhajj Travels Private Ltd.. The basic reason for passing the order of winding up under Sections 439(1)(b) read with Section 433 (e) and (f) and 434 of the Act is that on 24.4.2000 the learned Company Judge admitted the petition and the factum of admission of the petition was ordered to be published in “Indian Express (Chandigarh Edition)”,“Dainik Tribune” and Official Gazette of Chandigarh Administration. The publication as per directions of the Court was carried and affidavit of service was also filed. No objection was received from any person regarding winding up of the company. It was in the aforesaid background that the learned Company Judge had ordered M/s Jhajj Travels Private Limited to be wound up and an advertisement was ordered to be

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CAPP No. 31 of 2011 2

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published in the manner provided in Form 53, Rule 113 of the Company Court Rules, 1959 in “Indian Express (Chandigarh Edition)”, “Dainik Tribune” and Official Gazette of Chandigarh Administration. The Official Liquidator was appointed as Liquidator who was to take over the charge of all the assets, records and actionable claim of the company in accordance with law.

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When the instant appeal came up for hearing on 22.12.2011, learned counsel for the appellant requested for time to present a demand draft of Rs. 5,00,000/- drawn in favour of the Registrar of this Court before the condonation of delay in filing of the appeal. Accordingly, time was granted by adjourning the matter to 18.1.2012. Even on 18.1.2012, learned counsel requested for some time to comply with the earlier order to present the demand draft of Rs. 5,00,000/-. On the resumed hearing, the appellant has shown complete inability to present the demand draft. The bona-fide of the appellant has not been established and it is not possible to admit the appeal or proceed further with the adjudication thereof. The appeal is without merit dismissed.

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(M.M.Kumar) Judge

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23.1.2012

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(Ajay Kumar Mittal) Judge

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okg

Ramjesh Singh Jhajj & Anr. v. M/S Carzon Rent India Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Ramjesh Singh Jhajj & Anr. v. M/S Carzon Rent India Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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