- (1.) The aforementioned Company Petition No. 46 of 2002 has been filed by M/s Paharpur Cooling Towers Limited (Petitioner-Company), under Section 433(e) read with Section 434(1)(a) and Section 439 of the Companies Act, 1956, inter-alia, praying that the Respondent-Company, namely, M/s Anuradha Masala Udhyog Pvt. Ltd., having its Registered Office at 59/132-A, L-2-4, Akash Deep Building, Old Dalmandi, Nayaganj, Kanpur (U.P.) -208001 be wound up by this Court under the provisions of the Companies Act, 1956.
(2.) An Affidavit, sworn on 6th September, 2002 by Santosh John, stating himself to be an Officer in the Petitioner-Company, has been filed along with the said Company Petition. On 10th September 2002, when the case was taken up, none appeared for the petitioner. Therefore, the Court by its order dated 10th September, 2002 directed that Company Petition be "put up tomorrow as a fresh matter before the appropriate Bench".
(3.) It further appears that by the order dated 12th September 2002, the Court permitted the Petitioner-Company to move Amendment Application for amending paragraph 1 of the Company Petition as the address of the Petitioner-Company for service of notice was mentioned, as that of its counsel at New Delhi. The said order dated 12th September, 2002 is reproduced below: As prayed, list on 3rd October, 2002 to enable the petitioner to move amendment application for amending paragraph 1 of this petition, which states that the address of the petitioner for service of notice is of its counsel at New Delhi. Under the rules of the Court before filing any document or the Counter Affidavit its copy is required to be served on the other side and endorsement is to be obtained on the original, regarding receipt. It would be most unreasonable to expect the opposite party in response to the notice, if issued, to go to New Delhi to serve the copy of the Counter Affidavit.;