CASE ANALYSIS
Ovulation International Private Limited vs grey steel casting and finishing co. ltd.
ABOUT THE COMPANY
By the applicants, Grey Steel Casting and Finishing Co. Private Limited, who have filed a petition to wind up the ovation International Private Limited. The dispute arises between the company and the applicants. The case was filed in the Bombay city civil court. The registered company was situated at 22, Mahalaxmi Chambers Bhulabhai Desai Road, Bombay 26. Company deals with the main objects were established are to carry on the business of manufacturing, distributing, buyers and sellers, in all classes of patent, medical, medicated preparations, and pharmaceutical, toilet requisites, cosmetics, patent medicines. It consists of three directors W.F. Young, Glen C. McMahon, and J. Singh. Glen C. McMahon left India permanently in February 1968. And J. Singh left India in June 1968, and W.F. Young absconded before filing the petition against him.
FACTS
Ovulation International Private Limited had an agreement with grey steel casting and finishing co. ltd. The service provider claimed for 24,443.53 P at the interest of 6% p.a. court gave judgment in the favor of the service provider. The service provider went to the district as an appellate and company as a defendant.
Assigned by the district court order, the company filed the petition before the high court. Praying for a stay of the execution of the decree passed in the favor of the first respondents against the company by the Bombay City Civil Court in suit No. 4234 of 1968 on July 18, 1968, and for restraining the first respondents from taking any steps or proceedings in execution thereof.
In the high court, the company becomes a petitioner and the service provider becomes the defendant.
ARGUMENTS RAISED BY THE PARTIES
On 9th July 1968 winding up for a company is filed and accepted by the court on the very same day. On 1st July 1968 first respondent filed a suit against the company in Bombay civil court. Claiming for Rs 24,443.53 P with the interest at the rate of 6% p.a. from the date of the suit till the payment date. The first respondent claimed that he worked from 6th January 1968 to April 1968, advertising work on all Indian bases. And sent bills for payment to the company from time to time. The company returned the copy of said statement duly signed.
On 3rd July 1968, the first respondent applied for company movable property. And his applications was supported by the affidavits by Baji Nariman, the managing director of the first respondent, and Parviz Jal Sona Valla, bill collector of the first respondent.
Advani learned the first respondent has admitted that the affirmation of the said affidavit was a mistake.
The company has transferred and assigned their factory and cosmetic formulae to Gold Bond Cosmetic Pvt. Ltd.
On July 1st, 1968 issued in a newspaper of times of India, goods of the company auctioned by Messrs. Gandhi and co.
The representative of the company had approached Nariman to inquired if he could find any suitable buyer for the office, furniture, and fixture, fittings of the company. And director of the company Young approached Sona Valla with a list of furniture and fittings. It's in the argument that this is an allegation against Young as the office was seized on 1st July 1968 and no one can come in the company. As Sona Valla claimed that he approached twice on 2nd July 1968 for demanding payment. Raj Gopalan informed him Young left the country and no way to contact him.
JUDGEMENT
Court gave the summon for the petitioner. Neither he responds to the summon nor he presented himself in the court. Due to this court applied Ex parte and the judgment came in the favor of the first respondent.
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