S.K.KESHOTE, J. - (1.) HEARD learned counsel for the petitioner and perused the entire record of the company petition.
(2.) IT is really shocking and surprising that the petitioner has not taken care even to mention in the petition under which provision of the Companies Act, 1956 the same has been filed. It is necessary and may be the requirement of the Rajasthan High Court Rules, 1949 to mention the provisions under which a petition/application is filed. It is expected from the petitioner to remain careful in future. Having gone through the contents of the petition I find that it is a petition for winding -up of the respondent company - Shree Shyam Radio Taxi Services Private Limited, Jaipur. The ground on which the winding -up of the respondent Company is prayed for is its inability to pay the debts.
(3.) IT is not in dispute that the petitioner was the promoter Director of the respondent Company. It is admitted by him in para No. 6 of the petition. He has a shareholding of 3333 equity shares of the face value of Rs. 33330 being approximately 1/3rd of the total shareholding of the respondent -company. It is stated that at the time of incorporation of the respondent -company the petitioner had advanced an amount of Rs. eight lakh to it out of which amount of Rs. 33330 was adjusted as share application money and balance amount was treated as unsecured loan.;