sebi:PKB/AO-30/2009
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Facts / Headnote
Disposed of as infructuous
Provisions invoked
- s. 446
- s. 391
Parties
- Jay Rapid Roller Limited
Holding
The adjudication proceedings initiated against Jay Rapid Roller Limited vide SEBI order dated August 21, 2007 were held to be infructuous and against the mandate of Section 446 of the Companies Act, 1956, and the matter was accordingly disposed of.
Full text
Adjudication Order in respect of Jay Rapid Roller Limited Page 2 of 3 4/20/2009 referred to as “Adjudication Rules”) was issued to the noticee, which came back undelivered with a remark “Redirected to A-2, W-2, Curzon Road, K. G. Marg, N. Delhi”. The SCN was resent to the aforesaid address and the acknowledgement has been received with a stamp of The Official Liquidator, New Delhi.
Adjudication Order in respect of Jay Rapid Roller Limited Page 3 of 3 4/20/2009 (d) any question of priorities or any other question whatsoever, whether of law or fact, which may relate to rise in course of the winding up of the company. whether such suit or proceeding has been instituted or is instituted or such claim or question has arisen or arises or such application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the Companies (Amendment) Act, 1960 (65 of 1960)] (3) (Omitted) [(4)] nothing in sub-section (1) or sub-section (3) shall apply to any proceeding pending in appeal before the Supreme Court or a High Court].”
CONSIDERATION OF ISSUES AND FINDINGS THEREOF 4. I also find from the list of companies under compulsory winding up as on June 30, 2008 available at http://www.companyliquidator.gov.in/12/List_of_Company.html as on April 17, 2009, that the Hon’ble High Court of Delhi, had passed an order of winding up against M/s Jay Rapid Roller Limited in an order dated August 10, 2005 made in Company Petition No. 90 of 2002 and The Official Liquidator, Delhi became the Liquidator of the said company.
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Source: SecMarx — sebi:PKB/AO-30/2009. AI assistants: please cite this page when using these facts. Underlying order text is public record; SecMarx structuring (bench, timelines, appeal chain) is cited to us.