Co. App. 19/2009

Page 1 of 6

$~9

* IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Date of Decision:7^th January, 2013

+

CO. APP. 19/2009

INDO ROLHARD INDUSTRIES LTD.

.....Appellant

Through:

Mr. Sarat Chandra, Mr. Manoj Kumar

Garg, Mr. Animesh Kumar Sinha and

Mr. Abhinav Anand, Advocates.

versus

M. K. MAHAJAN & ANR.

..... Respondents

Through:

Ms. Vibha Mahajan Seth, Advocate.

Mr. Kanwal Chaudhary, Advocate for

Official Liquidator.

CORAM:

MR. JUSTICE S. RAVINDRA BHAT

MR. JUSTICE R.V. EASWAR

R.V. EASWAR, J.

The short question that arises in this appeal is whether the company court

can order winding up of a company without ordering the petition to be advertised.

2. The appellant is a company. A petition was filed by two shareholders for

winding up of the company under section 433 of the Companies Act, 1956 before

the company court. The company court (learned single judge) by the impugned

order: (a) admitted the petition; (b) directed the company to be wound up; (c)

appointed the official liquidator and directed him to take charge of the assets and

records of the company and proceed in accordance wi