Madhya Pradesh Court June 2003 Judgments
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Smt. Tara Chaudhary Vs. Distinct Realty Ltd.
Court: Madhya Pradesh
Decided on: Jun-23-2003
Reported in: (2003)4CompLJ427(MP); [2004]49SCL612(MP)
ORDERA.M. Sapre, J.1. This is a company petition filed under Section 433(e) of the Companies Act against the respondent-company known as Distinct Realty Limited (hereinafter referred to as 'Company') seeking for its (Company's) winding up. The winding up is sought essentially or rather only on the ground falling under Section 433(e) of the Act contending that company has failed to pay a sum of Rs. 8,42,198 to the petitioner i.e., inability to pay the debt.2. It is the case of petitioners that petitioner No. 1 had applied for allotment of some plot to the company which is claimed to be engaged in the business of Sale of plot etc. It is alleged that an agreement to that effect was also entered into. The agreement according to petitioners inter alia provided that it is the option of the petitioners to opt whether to ask for the plot or return of money with interest at the rate of 16% which the petitioners had claimed to have deposited (Rs. 88,600). It is contended that petitioner instead ...
Vadilal Chemicals Ltd. Vs. Yerk Technochem (P.) Ltd.
Court: Madhya Pradesh
Decided on: Jun-23-2003
Reported in: (2003)4CompLJ417(MP); [2004]50SCL691(MP)
ORDERA.M. Sapre, J.1. Having heard learned counsel for the petitioner and having perused record of the case, I find no case to admit this company petition.2. It is a company petition filed under Section 433(e) of Companies Act seeking winding up of respondent company on the ground of their inability to pay the debt. It is complained that petitioner supplied some material (Gas) to respondent in their day-to-day business activity amounting to Rs. 1,72,838, but despite supply of goods, the respondent did not pay its price and hence, company petition.3. In my view, no petition for winding up of a company for one isolated transaction of commercial nature can be entertained. It is a clear case of supply of certain goods and non-payment of its price. There may be several reasons for non-payment. A running company cannot be wound up on such ground. It is a clear case where one can draw an inference that petitioner has been unreasonable in invoking the extreme remedy of winding up only because ...
Employees' State Insurance Corporation Vs. Hind Syntax Ltd.
Court: Madhya Pradesh
Decided on: Jun-23-2003
Reported in: (2004)IILLJ170MP
A.M. Sapre, J.1. This is an appeal filed by the E.S.I. Corporation under Section 82 of E.S.I. Act against the order dated March 16, 1999 passed by the Labour Court, Indore, in case No. 17/1992 (E.S.I. Act) whereby it is held that respondent company is not required to extend/give coverage of the E.S.I. Act to their registered office at Dewas.2. In short, the question that arose for consideration before the Labour Court exercising its powers under the provisions of E.S.I. Act was whether respondent which is a Company is under obligation to comply with the provisions of E.S.I. Act to the employees working in their registered office situated at Dewas. By impugned order the Court held that the Act has no application so far as the office of Respondent at Dewas is concerned. Accordingly the notice issued by the appellant to Respondent to ensure compliance of the E.S.I. Act to their office at Dewas was held illegal giving rise to filing of this appeal and contending that the Act has its applic...
Onkar and anr. Vs. Mohd. Mukeem and ors.
Court: Madhya Pradesh
Decided on: Jun-23-2003
Reported in: I(2004)ACC349
A.M. Sapre, J.1. Claimants have come up in appeal under Section 173 of Motor Vehicles Act against an award, dated 17.4.1997, passed by learned 1st -Additional Member, Motor Accident Claims Tribunal, Mandleshwar in Claim Case No. 43 of 1993, whereby their claim petition was rejected in its entirety. According to claimants (appellants herein), their claim petition ought not to have been rejected but should have been allowed.2. Claimants are mother and father of one Vijay, aged 10 years. They are the residents of one Village Palsud in Tehsil Maheshwar.3. On 6.7.1987, Vijay was going on a cycle with his friend Nahar Singh on a road Palsud to Badwaha at about 4.00 p.m. It is at that time, the offending vehicle (Jeep bearing No. MP 2 1076) belonging to State and driven by respondent No. 1 came from behind and dashed to cycle on which Vijay and Nahar Singh were going. The impact of dash was so violent that Vijay succumbed to injuries and died in hospital the same day. Nahar Singh sustained in...
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