In Re: Supreme Metprods Ltd.

- section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. orders.k. keshote, j.1. heard learned counsel for the parties.2. in this winding up petition the petitioner has prayed for issue of an order of winding up of the respondent-company on the ground of its inability to pay rs. 14,97,373.38 to the petitioner company. this amount is stated to be due of the cost of the carbon wire rods supplied to the respondent-company by the petitioner-company.3. the learned counsel for the petitioner does not dispute that the petitioner has also filed a suit for recovery of this amount against the respondent-company and after filing of this petition the same has been decreed in favour of the petitioner by the civil court.4. in view of this fact, this winding-up petition does not survive. the reason is very obvious. the decree has been passed by the civil court in favour of the petitioner for this amount and it can be recovered by execution thereof.5. as a result of the aforesaid discussion, this winding-up petition fails and the same is dismissed with costs which is quantified to rs. 1000.