Dipak Kumar Sen, J. - (1.)Messrs. Deutsche Dampschiffshrts Gessellschaft "Hansa" Bremen (hereinafter referred to as "the company") was incorporated under the laws of West Germany. It has its head office at Bremen in West Germany. It is not in dispute that the company carries on business at Mercantile Building 9, Lalbazar Street, Calcutta.
(2.)Bharat Alminium Co. Ltd., the petitioner, seeks to wind up the company. The petitioner contends that as the company carries on business within the jurisdiction of this court and has assets in India, this court has jurisdiction to wind up the said company as an unregistered company under Sections 584, 585, 588 and 434 of the Companies Act, 1956.
(3.)The petitioner alleges that a sum of Rs. 2,58,518.80 is due and owing by the company to the petitioner on account of excess freight paid.