S.K.KESHOTE, J. - (1.) RESPONDENTS Nos. 1 and 4 are not served.
(2.) THIS is a winding up petition filed by the petitioner for winding up of the respondent No. 1 -company. It is not in dispute that the petitioner is one of the ex -directors of the respondent -company. Learned counsel for respondents Nos. 2 and 3 have raised a preliminary objection that this petition is not maintainable as the petitioner is one of the ex -directors of the respondent -company and he cannot resort to the provisions of the Companies Act, 1956, for winding up of the respondent -company for recovery of his dues. He has remedy of the suit for recovery of the amount of Rs. 46,565 allegedly due against the respondent -company.
(3.) I am in agreement with the preliminary objection raised by learned counsel for respondents Nos. 2 and 3 that the petitioner being one of the ex -directors of the respondent -company, cannot resort to the provisions of the Companies Act, 1956.;