1. By this petition under Sections 433 and 434 of the Companies Act, 1956, the petitioner-Company had prayed for the order and direction to wind up respondent-Company M/s. Migweld & Machines Limited.
2. It is reported that by an order dated 20.01.2011 passed in Company Petition No.49 of 2003 by this Court (Coram: Hon'ble Mr. Justice Anant S. Dave), the respondent-Company has been ordered to be wound up under Section 433 of the Companies Act, 1956, wherein Paragraph Nos.6 and 7 are quoted as observed thus:
"6 Considering all the facts placed on record and considering the submissions made by the learned counsel for the petitioner, it is very clear that the Respondent Company has undeniably failed to pay its debts to the petitioner and is even today unable to pay its debts. All the ingredients of Section 433 of the Companies Act,1956 are therefore satisfied and this court has no hesitation to come to the conclusion that no meaningful purpose would be served by continuing the said respondent company. Hence, I deem it just and proper to pass an order of winding up against the respondent Company. The Official Liquidator attached to this High Court is hereby appointed as the Liquidator of the said Respondent Company. He is permitted to exercise all powers in his capacity as the Liquidator under the Companies Act, 1956 including under Sections 456 and 453, thereof. He shall immediately take possession of all the assets and movable and immovable properties of the Respondent Company, as also the records and books of accounts of the Company. In the meanwhile, the respondent-company, its Directors, Officers and servants are hereby restrained from transferring, alienating, encumbering, dealing with or creating third party interest over the assets and properties of the company.
7. The notice for final order of Winding up shall be published in two daily newspapers, viz. "The Indian Express" and "Sandesh" (Gujarati daily), Ahmedabad Edition being the same newspapers in which the Notice of Admission was published. The same shall also be published in the Official Government Gazette."
3. In view of the above order passed in Company Petition No.49 of 2003, the present company petition does not survive. It would be open for the petitioner to lodge his claim before the Official Liquidator, in accordance with law.
4. The petition stands dismissed, as having become infructuous.
(R.M.
Chhaya, J.) rakesh/ Top