1. - Respondents Nos. 1 and 4 are not served.

2. This is a winding up petition filed by the petitioner for winding up of the respondent No. 1-company.

3. It is not in dispute that the petitioner is one of the ex-directors of the respondent-company. Learned counsel for respondents Nos. 2 and 3 have raised a preliminary objection that this petition is not maintainable as the petitioner is one of the ex-directors of the respondent-company and he cannot resort to the provisions of the Companies Act, 1956, for winding up of the respondent-company for recovery of his dues. He has remedy of the suit for recovery of the amount of Rs. 46,565 allegedly due against the respondent-company.

4. I am in agreement with the preliminary objection raised by learned counsel for respondents Nos. 2 and 3 that the petitioner being one of the ex-directors of the respondent-company, cannot resort to the provisions of the Companies Act, 1956.

5. In the result, this winding up petition fails and the same is dismissed.

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