2002 CLC 268 (HP) ::(2002) 1 Sim LC 361 ::(2002) 108 ComCas 537

Himachal Pradesh High Court

Hon'ble Judge(s): Arun Kumar Goel , J

(A) Companies Act (1 of 1956) , S.433, S.434(1)(a)— Winding up - Petition for - Statutory notice of demand under S. 434(1)(a) - Addressed to Managing Director of Company and not to the Company itself - Its copy was endorsed to Company but not to its registered office - Held, it amounts to non-compliance with S. 434(1)(a). In any case before passing an order under Section 433 of the Companies Act, Court is to see that one of the grounds enumerated in its exists. Then only an order of winding can be passed. Provision being stringent strict compliance of law has to be insisted upon. Effect of non-compliance with Section 434(1)(a) would make the petition under Section 433 of the Act not maintainable. In the instant case the statutory notice under S. 434 is addressed to the Managing Director of the Company and not to the Company itself. Its copy is endorsed to the Company, but not to its Registered Office. Thus, there is clear cut non-compliance with Sec. 434(1)(a). (Para 14 19) (B) Companies Act (1 of 1956) , S.433— Winding up - Petition for - Filed much after registration of case of Company with BIFR - No consent of Board (BEFR) was obtained - Petition, held, was not maintainable. (Para 24) ....