Shrikant (Associate) (350 Points)
23 August 2012
Hello All.....
I want some help....
In a case the registered office of the company is situated in Mumbai. Then can creditor residing in Gujarat can file petition in the district court or High court of Gujarat for the purpose of winding up u/s 434 and 434???
I have gone through the section 10 of the companies act... But here the factory office of the company is also situated in gujarat so can it make any effect???
Please help...
Dear Shrikant,
As per Rule 28(2) of the Companies (Court) Rules, 1959, every petition and, save as otherwise provided by these Rules or by an order of Court, every application, shall, unless presented by the Company, be served on the company at its registered office, or if there is no registered office at its principal or last known principal place of business, by leaving a copy thereof with an officer or employee of the company, and in case no such person is available, in such manner, as the Judge or Registrar may direct, or, by sending a copy thereof by prepaid registered post addressed to the company at its registered office, or, if there is no registered office, at its principal or last known principal place of business, or to such person and at such address as the Judge or Registrar may direct.
Where the company is being wound-up, the petition or application shall also be served on the liquidator, if any, appointed for the purpose of winding-up the affairs of the company.
Thus, filing the petition in the state in which the factory is situated will not make any effect.
Regards,
Veeral Gandhi
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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