M/S Sudershan Dhoop Pvt Ltd vs Hotel Royal Plaza & Ors
2012 Latest Caselaw 4017 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                           Date of Judgment:09.07.2012

+      CO.PET. 295/2012 & CO. Application No. 1191/2012

       M/S SUDERSHAN DHOOP PVT LTD              ..... Petitioner
                    Through  Mr. Sachin Chopra, Adv.

                   versus


       HOTEL ROYAL PLAZA & ORS                         ..... Respondents
                    Through  None.


       CORAM:
       HON'BLE MS. JUSTICE INDERMEET KAUR


INDERMEET KAUR, J. (Oral)

1 This is winding up petition filed under Section 433 (e) read with

Sections 434 & 439 of the Companies Act, 1956. The petitioner M/s

Sudershan Dhoop Private Limited is a private limited company engaged

in the business of incense sticks, dhoop sticks, coils and cones.

Respondent No. 2 had approached the petitioner for a friendly loan; an

amount of Rs.5,10,75,000/- at a mutually agreed rate of interest @ 12%

by way of 14 post dated cheques had been paid. All the aforenoted

cheques were honoured. The plaintiff has placed reliance upon an

audited balance-sheet of the company (pages 33-34 of the paper book)

for the year ending 31.03.2008; submission is that the name of the

present petitioner has been duly reflected where an amount of

Rs.4,35,00,000/- has been shown as due. This balance-sheet admittedly

is of the year ending 31.03.2008. The present petition had been filed in

May, 2012 for a claim which even as per the case of the petitioner is for

the year March, 2008. The claim is admittedly time barred.

2 This petition is accordingly dismissed as time barred with cost of

Rs.25,000/- to be deposited with Delhi High Court Legal Services

Committee.

3      Petition disposed off.



                                             INDERMEET KAUR, J

JULY       09, 2012
A