Judgement

SHAH, J. : The appellant - a private limited Company - is engaged in the manufacture of electric conduit pipes. The respondent who is a director of the Company presented a petition in the High Court of Delhi under Ss. 433 and 439 of the Companies Act, 1956, for an order for compulsory very winding up of the Company. The respondent claimed that it was "just and equitable" within the meaning of S. 433 (f) of the Companies Act, 1956, to make an order for compulsory winding up, because one of the three factories of the Company had been closed, that the accounts of the Company were not being shown to the respondent, that no meeting of the Company had been held, no balance-sheet had been, prepared and a letter of resignation purported to be signed by the respondent had been forged. On July 18, 1966. Capoor, J., directed that notice of the petition be issued to the appellant Company. The order has not been formally drawn up, and it is not clear whether by that order it was intended to call upon the Company to show cause why the petition should not be admitted, or that by the order the petition was admitted and notice under R. 96 of the Companies (Court) Rules, 1959 was issued.

2.