Advertisement of Petition, C.P. No. 64 of 2010
The High Court of Judicature at Madras, through its Deputy Registrar on the Original Side, issued Notification No. VI-3(a)/55/2012 dated 14 May 2012, advertising a petition to wind up M/s. Benchmark Softech Private Limited, formerly known as M/s. Benchmark Softech Ltd. The notification states that the petition was scheduled for hearing on 4 June 2012 and explains how creditors, contributories and other interested persons could support or oppose it.
What the notification covers
The High Court of Judicature at Madras published an advertisement concerning C.P. No. 64 of 2010, a petition under sections 433 and 434 of the Indian Companies Act, 1956. The case concerns the proposed winding up of M/s. Benchmark Softech Private Limited, formerly known as M/s. Benchmark Softech Ltd.
Notification No. VI-3(a)/55/2012 was dated 14 May 2012 and appeared in the Tamil Nadu Government Gazette published on 23 May 2012. The petition had been presented to the Court on 1 March 2010 and was directed to be heard on 4 June 2012.
Parties named
The winding up proceedings identify:
- Global Xtend Limited, located at 150A, Hermon Hill, London E181QH, United Kingdom, as the petitioner.
- M/s. Benchmark Softec Private Limited, located at the 3rd Floor, Santhome Communication Centre, No. 150, Luz Church Road, Mylapore, Chennai 600 004, as the respondent.
- M/s. Fox Mandal & Associates as solicitors and advocates, with C. Sakthimankandan named as counsel for the petitioner.
Who could participate
The High Court of Judicature at Madras notification invited any creditor, contributory or other person wishing to support or oppose a winding up order to take the following steps:
- Send the petitioner or the petitioner's advocate a signed notice of the intention to support or oppose the petition.
- Send that notice no later than five days before the scheduled hearing.
- Appear at the hearing personally or through an advocate.
- File any affidavit opposing the petition in Court and serve a copy on the petitioner or the petitioner's advocate at least five days before the hearing.
A creditor or contributory could obtain a copy of the petition from the petitioner's representatives by paying the prescribed charges. The notification does not state the amount.
Relevance to property readers
Notification No. VI-3(a)/55/2012 does not announce a land classification, planning change, acquisition or property registration measure. Its direct relevance is to persons with an interest in the named company, particularly creditors, contributories and others wishing to participate in the winding up proceedings.
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Common questions
Does this notification change any land use or property rule in Tamil Nadu?
No land use, planning, acquisition or property registration change is stated. The notification advertises a company winding up petition before the High Court of Judicature at Madras.
Which company was the winding up petition about?
The petition concerned M/s. Benchmark Softech Private Limited, formerly known as M/s. Benchmark Softech Ltd. The respondent is also printed in the case details as M/s. Benchmark Softec Private Limited.
Could a creditor oppose or support the winding up petition?
Yes. A creditor, contributory or other interested person could give signed notice to the petitioner or the petitioner's advocate no later than five days before the scheduled hearing and appear personally or through an advocate.
Could a creditor obtain a copy of the petition?
Yes. The petitioner's representatives would provide a copy to a creditor or contributory on payment of the prescribed charges, but the notification does not specify the amount.
