[2023:RJ-JP:32094]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Company Petition No. 5/1998
The Official Liquidator of Attached to Calcutta High Court office
at 9, Old Post Post Office Street, 4th and 5th Floor, Calcutta-
700001 M/s Jenson and Nicholson Financial Services Ltd. (in
Liquidation) Having its Registered Office at 225, AJC Bose Road,
Calcutta-700020.
----Petitioner
Versus
M/s Rajasthan Breweries Ltd., 111, K.M. Stone, Delhi-Jaipur
N.H.8, Shahjahanpur, District Alwar (Raj.)-301706.
----Non Petitioner/Respondent
For Petitioner(s) : Mr. Ankit Sethi
For Respondent(s) : Mr. Anil Mehta, Sr. Adv. with
Mr. Siddharth Bapna
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 31/10/2023 This company petition has been filed under Sections 433 & 434 of the Companies Act, 1956 for winding up of the respondent- company, M/s Rajasthan Breweries Ltd.
The relevant facts in brief, as revealed from the petition, are that the petitioner-company, a finance company, entered into a lease agreement dated 14.12.1993 with M/s Asian Consolidated Industries Ltd., a sister concern of the respondent-company. It is averred that since, the lessee, i.e., M/s Asian Consolidated Industries Ltd., committed default in payment of rent, the petitioner company vide notice dated 05.07.1997 terminated the lease agreement and required the respondent-company to pay the entire rental dues of ₹48,64,733.02. Alleging that M/s Asian (Downloaded on 11/11/2023 at 09:05:16 PM) [2023:RJ-JP:32094] (2 of 2) [COP-5/1998] Consolidated Industries Ltd., the sister concern of the respondent- company, has been merged in it and the respondent-company has taken over all the assets and liabilities of the lessee company vide letter dated 17.10.1997, this winding up company petition has been filed.
The respondent company, in its reply, denying the averments made in the petition, submitted that the lessee, i.e., M/s Asian Consolidated Industries Ltd. has neither merged in it nor, the respondent-company has taken over its assets and liabilities. It is averred that it has no privity of contract with the petitioner-company. Dismissal of the company petition, is therefore, prayed for.
Learned counsel for the official liquidator of the petitioner- company inasmuch as it is in liquidation, fairly admits that there is no material on record to substantiate the averment/allegation that either the lessee company, i.e. M/s Asian Consolidated Industries Ltd. has merged in the respondent-company or that the respondent-company has taken over the assets and liabilities of the lessee company. It is also an admitted position that there is no privity of contract in between the petitioner and the respondent with regard to the lease agreement.
In view of the aforesaid, this company petition is devoid of merit and is dismissed accordingly.
(MAHENDAR KUMAR GOYAL),J Manish/37 (Downloaded on 11/11/2023 at 09:05:16 PM) Powered by TCPDF (www.tcpdf.org)