Company Petition For Winding

PETITION FOR WINDING-UP OF A COMPANY 



In the High Court at _______ 

Original Jurisdiction 


Company Petition No. ____________________. of 20_____ 

In the matter of 

The Companies Act 1956 

In the matter of: 

An Application under sections 433, 434 and 439 of the Companies Act 1956 

And 

In the matter of: 

____________________.. Ltd., a company registered under the Companies Act 1956 with its Registered Office at Coimbatore within the said jurisdiction 

And 

In the matter of: 

PP_________ resi_________________________  within the said jurisdiction 

Petitioner 

To 

The Hon'ble Mr. Chief Justice and His Companion Justices of the said Hon'ble Court 

PP____________________the petitioner above-named most respectfully 

SHEWETH: 

1. The address of ..petitioner for serving notices, processes etc. is that of its Advocate-on-Record M/s __________________with its office at____________________. ______________ 

2. ..Co. Ltd. (hereinafter referred to as the said company) was created on _______/_______under the Companies Act 1956. 

3. The registered office of the company being at_________________________ within the said jurisdiction. 

4. The authorized, issued subscribed with paid-up capital of the company being Rs. __________________ divided into __________________ equity shares of Rs. ________ each. 

5. The main objects for creating /forming the company exist in the Memorandum of Association of the company and include primarily business for trading all commodities/articles. 

6. On or about ________________________________________.. at per company request, petitioners vended and handing over goods of some quantity, at consented price-The company expecting goods and used the same. 

7. Petitioner presented bills which were accepted and never controverter by the company. 

8. The company paid Rs. ________due to part payment and promised in paying the balance of Rs________ by a month, which period has ended on __________ 

9. Despite demand, company has not paid Rs. ________ or any portion thereto and deferred payment thereto with lame excuses per letter dated ____________________. the company requested _______ ______' time more for paying balance Rs. ________ Copy of this letter is enclosed herewith. Despite said promise company has not paid balance amount . 

10. Petitioner through its Advocate on Record issued a notice dated_____ to the company asking payment of Rs. _______ with interest at ____% annually from due date of payment till realisation. Such rate of interest exist in the agreement, which is shown from bills of petitioner copies whereof are annexed hereto. 

11. After expire more than .. weeks, company have neither replay to notice nor paid any amount to your petitioner. 

12. The petitioner is claiming Rs. _________ with interest amounting to Rs. _______ totaling Rs. __________ 

13. The company has neglected by not paying and denying the said Rs. ________ or any part thereof. 

14. The company can not pay to creditors, as its liability exceeds its likely and present assets. 

It is insolvent commercially. In the premises it is fit, just and equitable that the company should be and be wound up under the enactment of the Companies Act 1956. 

15. This application is made bona fide, in the interest of justice, and the balance of convenience lay in passing Orders prayed for herein. 

The petitioner hence humbly prays Your Lordships for the following Orders: 

(a) _____________ Co. Ltd. be wound up under the enactments of the Companies Act 1956; 

(b) Official Liquidator be appointed as Liquidator of the company for taking possession of assets, properties, books and records of the company forthwith; 

(c) Further Orders be made and directions be given as to this Hon’ble Court may deem proper and fit. 

And 

Your petitioner as in duty bound shall ever pray. 

Date: 

Place: 

Sd/-_______________& Co.) 

Advocates for the petitioner 

                                                                                Affidavit 

I, ____________________..resi at________________________________________________________________do hereby solemnly affirm and say as follows: 

1. That I, being creditors of the company. I know and I have made myself acquainted with the facts/circumstances of this case and I am deposing thereto. 

2. The statements mentioned per paragraphs 1 to 10 of petition herein now shown to me marked with letter "A" are true to my best knowledge and those mentioned in paragraphs 11 to 13 hereof are based on information derived from records in my possession, and believed by me to be true and correct and those mentioned in paragraphs 14 and 15 hereof are my humble submissions to this Hon’ble Court. 

3. The statements mentioned in foregoing paragraphs of this Affidavit are true to my knowledge. 

Solemnly affirmed by the said ___________ 

DATE: 

PLACE: 

Oath Commissioner 

Deponent