AI Structured Summary
Not yet generated for this judgment
Judgment
S.K. Keshote, J.—Respondents Nos. 1 and 4 are not served.
This is a winding up petition filed by the petitioner for winding up of the respondent No. 1-company.
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.
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.
In the result, this winding up petition fails and the same is dismissed.