( 1 ) ). M/s. Mahsrashtra Apex corporation is the petitioner. The petition under Sections 433 (e) and 434 read with section 439 (b) of the Companies Act, 1956 (for short, the Act) is filed for winding up of the respondent company, namely, m/s. Sparten Ceramics India Limited. This Court ordered Notice before admission on 30. 4. 2003. After receiving notice, the respondent company entered appearance and filed counter-affidavit opposing the Company petition. Thereafter, the matter has been coming up for admission, and for orders as to publication of petition under Rule 99 of the Companies (Court) Rules, 1959 (for short, the Rules ).

( 2 ) THE averments made in the petition for the purpose of this order, in brief, are as follows. The respondent company was incorporated under the Act in the State of andhra Pradesh having its Registered Office at Mittapalem in Chittoor District. The authorized share capital of the respondent as on 31. 3. 1999 is Rs. 30,00,000. 00 (Rupees thirty lakhs only) divided into 2,97,000 equity shares of Rs. 10. 00 (Rupees ten only) each. , and 3,000 cumulative shares of Rs. 10. 00 (Rupees ten only) each. The company was incorporated with the objec