ORDER
A.M. Sapre, J.
1. This is a company petition filed under Section 433F of the Companies Act by one Ajay Agrawal, who claims to be a contributory/share holder of the respondent No. 1 company.
2. Perusal of the company petition shows that it is filed for winding up of the Respondent No. 1-company on the ground contained under Section 433(F) of the Act i.e. just and equitable clause.
3. Perusal of the company petition would indicate that it is admittedly not filed in the format prescribed for filing the company petition for winding up of any company namely Rule 95 read with Form No. 45 prescribed under the Companies Court Rules. Part III of the Companies Court Rules, 1953, deals with the Chapter relating to winding up. This chapter elaborately deals with the winding up of petition and the manner in which they are to be filed and heard by the Company Judge. Rule 95 prescribes the manner in which the petition is to be filed by every petitioner.
'Petition for winding up--
Petition for winding-up a company shall be in Form No. 45, 46 or 47, as the case may be, with such variations as the circumstances may require, and shall be presented in duplicate. The Registrar shall note on the petition the date of its presentation.'
Form No. 45, 46 or 47 then prescribe the statutory pleadings which are required to be pleaded in the petition with necessary details depending upon the facts of each case.
4. As observed supra when I perused this company petition, I find that the petitioner has not even cared to refer or read the format prescribed in terms of Rule 95 and paras 45, 46 and 47. Indeed none of the requirements contained in Form 45 are pleaded in company petition, though the petition is running in six pages. Such petition, therefore, deserves to be thrown out at its threshold on this short ground.
5. When the Legislature has prescribed a particular mode for filing the petition, then it is obligatory upon the petitioner to follow the said mode in the same manner. Non-observance renders the petition as not maintainable, It is incapable of even being entertained.
6. I do not, therefore, wish to burden my judgment more than what I have observed supra and dismiss the petition at its threshold and in limine on the ground that it is not filed in conformity with Rule 95 read with Form No. 45, 46 or 47. Petition thus fails and is dismissed. No costs.