CIVIL APPEAL 9 of 2011 on 7 September 1976

1. Patna Polson Private Ltd. Old Danapur Road Digha, P.S. Digha Town And District Patna And District Patna

2. Shri Krishna Kumar Yadav, Ex-Director, Patna Polson Private Ltd. Son Of Mahabir Yadava, Polson Model Diary, Old Danapur Road P.S. Digna Town And District- Patna

3. Shri Raj Kumar Yadav Son Of Mahabir Yadav Patna Polson Model Dairy, Old Danapur Road, P.S. Digna Town District Patna Dairy, Old Danapur Road, P.S. Digna Town District Patna

4. Shri Md. P.C. Dhar, Bihar State Credit And Investment Corporation Ltd. S.P. Verma Road, P.S. Kotwali, Town And District- Patna Ltd. S.P. Verma Road, P.S. Kotwali, Town And District- Patna

5. Shri Kalikantjha Son Of Anirudh Jha Advocate, Boring Canal Road, Patna

6. Shri Naresh Kumar Sinha Son Of Late Upendra Narayan Singh At And P.O. Nayanagar, Samastipur P.O. Nayanagar, Samastipur

7. Shri Bal Manohar Jalan Son Of Late Hira Lal Jalan Resident Of Kila House, Patna City, Patna House, Patna City, Patna

8. Shri Janal Prasad Simgh Son Of Sohrai Singh Resident Of Village Punaichak, Patna Punaichak, Patna

9. Shri Surendra Kumar Rai Son Of Late Chintamani Rai Resident Of Village And P.O. Musi, Via- Bhadohi, District- Varanasi, U.P. Village And P.O. Musi, Via- Bhadohi, District- Varanasi, U.P.

10. Registrar Of Companies, Bihar, Patna

11. Smt. Shashi Prabha D/O Sri Roopchand Ram, W/O Birendra Kumar At P.C. Colony, Kankarbagh, Patna-20 P.C. Colony, Kankarbagh, Patna-20

12. Vijay Bahadur Singh Son Of Shri Ayodhya Singh Resident Of Village- Ahra, P.O. And P.S. Sasaram, District Rohtas Ahra, P.O. And P.S. Sasaram, District Rohtas

13. Arun Kumar Son Of Shri Jai Narain Resident Of Mohalla Rajvanshi Nagar, P.S. Shastrinagar Town And District Patna Nagar, P.S. Shastrinagar Town And District Patna

14. Krishna Kumar. Son Of Shri Jai Narain Resident Of Mohalla Rajvanshi Nagar, P.S. Shastrinagar Town And District Patna

15. Yogendra Singh Son Of Shri Janak Prasad Singh Resident Of Punaichak, P.S.- Shastri Nagar Town And District- Patna

16. Surendra Singh Son Of Shri Janak Prasad Singh Resident Of Mohalla- Punaichak, P.S. Shastri Nagar Town And District- Patna

17. Krishna Kumar Khemka Son Of Late Chetram Khemka Of Hira Place, Dak Bunglow Road, P.S. Kotwali Town And District- Patna

18. Smt. Manju Jaiswal Daughter Of Ima Shankar Jaiswal Resident Of Hira Place Dak Bunglow Road, P.S. Kotwali Town And District Patna

19. Durga Prasad Son Of Late Ramu Sahu Resident Of Mansoorganj, P.S. Chowk Patna City, Town And District Patna

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Chandra Bhushan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTAORAL ORDER

17 05-10-2012

Heard learned counsel for the petitioner.

The company petition has been filed for winding up of the company, namely, Patna Polson Private Ltd. The said Company was incorporated on 7.9.1976 as a Private Company limited by shares. It is stated in the petition that the authorized capital of the company was Rs. 15 lacs divided into 15000 equity shares of Rs. 100/- each of which 5600 shares were initially subscribed by the Promoters of the company.

Various facts and allegations have been made in the company petition against three brothers, Krishna Kumar Yadav, S.Pandey/-

Raj Kumar Yadav and Jai Kumar Yadav who are alleged to have run the business for their own benefit and to the utter detriment of the interests of the shareholders and creditors. However, from the perusal of the petition it appears that all the facts pertain to the period from 1980 to 1983 and the details as to what transpired during the last three decades are not to be found in the petition and merely on the basis of general allegations prayer has been made to wind up the company.

In the aforesaid circumstances, this Court does not find any merit in the company petition. It is accordingly, dismissed.

(Ramesh Kumar Datta, J)