SUDERSHAN KUMAR MISRA, J.

1. This petition under S.433(e) and 434 of the Companies Act, 1956 for the winding up of M/s ANG Auto Ltd. (hereinafter referred to as the “respondent”) has been filed by M/s Guangdong Fuwa Engineering Manufacturing Ltd. (hereinafter referred to as the “petitioner”) on the ground that an amount of USD 582,095.40 is due and payable by the respondent to the petitioner. CA No. 1262/2009 has also been filed by the petitioner, praying for the appointment of a provisional liquidator.

2. The respondent is a public company limited by shares and is incorporated under the Companies Act, 1956. The registered office of the respondent company is within the jurisdiction of this Court. The respondent is stated to be in the business of assembling and manufacturing various automobile components.

3. The petitioner is a company registered in Guangdong, China, and is stated to be a manufacturer and supplier of automobile components.

4. According to the petitioner, the parties executed an Exclusive Collaboration Agreement (hereinafter referred to as the “Agreement”) on 21st May, 2005, whereby the petitioner was to supply certain goods to the respondent on the terms