The main legal point established in the judgment is the court's authority to order the winding up of a company under the provisions of the Companies Act, 1956.

JUDGMENT :

Y.B. BHATT, J.

1. Upon the petition of Shri Kaushik Shah presented on the 13th day of June, 1997, upon hearing Shri Sudhansu S. Patel, advocate for the petitioner, and Mr. Nirav K. Majmudar, advocate for the respondent, upon reading the said petition, and verifying the said petition, and advertisements issued in Gujarati daily Sandesh and English daily Indian Express, Baroda editions, dated 4th day of August, 1998, a publication in Government Gazette dated 20th day of August, 1998, and upon noting that no response, either in favour or in opposition to the petition has been received pursuant to the said advertisements, this Court doth order:

That the said Company be wound up by this Court under the provisions of the Companies Act, 1956. That the Official Liquidator do, as Liquidator of the Company aforesaid, forthwith take charge of all the property and effects of the said Company.

That the Official Liquidator shall cause a sealed copy of this order to be served on the Company by pre-paid registered post.

That the petitioner do advertise within 14 days from this date a notice in the prescribed form of the making of this order in one issue (each) of Jansatta and Indian Express, Ahmedabad edition.

That, the said petitioner do serve a certified copy of the order on the Registrar of Companies not later than one month from this date.

That the costs of the said petition be taxed and paid out of all the assets of the Company.

The Company Petition is therefore disposed off accordingly.