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In the matter of M/s Patheja Forgings & Auto Parts Manufacturers Ltd. (Company) MCS Ltd. (Petitioner)

    COMPANY PETITION NO.57 OF 1998

    Decided On, 13 July 1998

    At, High Court of Judicature at Bombay

    By, THE HON'BLE MR. JUSTICE D.K. DESHMUKH

    Mr.Z.P. Bharucha i/b M/s Dave Girish and Co. for Petitioner. Mr Milind Vasudeo i/b M/s Hariani and Co for Respondent Company.



Judgment Text

P.C.


This is a petition filed under sections 433 and 434 of the Companies Act seeking an order of winding up against the respondent company. An admitted position before me is that the statutory notices were served by the petitioner on the respondent at the following address :

"250-A, Boat Club Road, Sangamwadi, Pune 411 001"

The respondent company has filed an affidavit in reply pointing out that the registered office of the company is at E-20, M I.D.C., Bhosari, Pune and that was the registered office of the company on the dates on which the statutory notices were sent. There is no counter affidavit filed denying the allegations made in the affidavit filed by the respondent company. In this view of the matter, I have to accept the statements made by the respondent company. It is thus clear that the statutory notices were not served on the registered office of the company. Therefore, this company petition cannot be entertained and the same is rejected. This rejection would not come in the way of the petitioner issuing fresh dema

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nd notice and also filing a petition in case the demand notice is not complied with. Certified copy expedited.
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