Petition For Winding-Up Of A Company
Petition For Winding-Up Of A Company Deed Format
Company Petition No. ……………………… of 1999
In the High Court at Calcutta
Original Jurisdiction
| In the matter of: The Companies Act 1956 And In the matter of: An Application under sections 433, 434 and 439 of the Companies Act 1956 And In the matter of: X Co. Ltd., a company registered under the Companies Act 1956 and having its Registered Office at ……………… Calcutta within the said jurisdiction And In the matter of: AB residing at …………………… Calcutta within the said jurisdiction Petitioner | ||||
| To The Hon’ble Mr. ………………… Chief Justice and His Companion Justices of the said Hon’ble Court | ||||
| The humble petition of AB the petitioner above-named most respectfully | ||||
Sheweth:
1. The address of your petitioner for the purpose of service of notices, processes etc. is that of its Advocate-on-Record M/s EF & Co. having its office at ………………… Calcutta 700 001.
3. The registered office of the company is at …………………… Calcutta within the said jurisdiction.
4. The authorised, issued subscribed and paid-up capital of the company is Rs. ……………… divided into ……………… equity shares of Rs. 10 each.
5. The main objects for which the company was formed and incorporated are contained in the Memorandum of Association of the company and include mainly trading business in all commodities and articles.
6. On or about ………………… at the request of the company your petitioners sold and delivered goods of certain quantity, at an agreed price. The company accepted the goods and appropriated the same.
7. Your petitioner submitted bills which were duly accepted and never disputed by the company.
8. The company paid a sum of Rs. 10,000 by way of part payment and promised to pay the balance of Rs. 90,000 within a month. This period has expired on 30th March 1998.
10. Your petitioner through its Advocate on Record issued a notice to the company demanding payment of Rs. 90,000 with interest at 18% per annum from the due date of payment till realisation. Such rate of interest is a part of the agreement, which will appear from the bills of your petitioner copies whereof are annexed hereto.
11. More than three weeks have passed but the company has not yet replied to the notice nor paid any portion to your petitioner.
12. The petitioner claims a sum of Rs. 90,000 with interest amounting to a sum of Rs. 5,000 aggregating to Rs. 95,000.
13. The company has failed and neglected and refused to pay the said sum of Rs. 95,000 or any portion thereof.
14. The company is unable to pay its creditors, its liability far exceeds its present and probable assets. It is commercially insolvent. In the premises it is just, fit and equitable that the company should be and be wound up under the provisions of the Companies Act 1956.
The petitioner therefore humbly prays Your Lordships for the following Orders:
(a) X Co. Ltd. be wound up under the provisions of the Companies Act 1956;
(b) Official Liquidator be appointed as Liquidator of the company to take possession of the assets, properties, books and records of the company forthwith;
(c) Further Orders be made and directions be given as to this Hon’ble Court may deem fit and proper.
And Your petitioner as in duty bound shall ever pray.
Date: Sd/- AB
Place: (EF & Co.)
Advocates for the petitioner
(Same Cause Title)
Affidavit verifying the petition
I, AB residing at …………… Calcutta do hereby solemnly affirm and say as follows:
1. That I am one of the creditors of the company. I know and I have made myself acquainted with the facts and circumstances of this case and I am able to depose thereto.
3. The statements contained in the foregoing paragraphs of this Affidavit are true to my knowledge.
Solemnly affirmed by the said AB
at the Court House in Calcutta AB
on this ………… day of ……… 2000 (Signature)
Before me
Commissioner
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