Advertisement of Petition, Company Petition No. 167 of 2016
The High Court of Judicature at Madras, Original Jurisdiction, through its Joint Registrar, issued Roc. No. 2584/2016(O.S.) dated 10 June 2016, published by the Government of Tamil Nadu in the Tamil Nadu Government Gazette on 15 June 2016. The notification advertises Company Petition No. 167 of 2016 seeking the winding up of Madras Shoe Fabrik Limited and explains how creditors, contributories and other interested persons could support or oppose the petition before its scheduled hearing.
What the notification does
The High Court of Judicature at Madras published notice that a petition seeking the winding up of Madras Shoe Fabrik Limited had been presented on 22 April 2016. The petition was filed under Sections 433(a) and 433(f), read with Section 439 of the Companies Act, 1956.
The notification advertises the petition and the scheduled court hearing. It does not record the outcome of the petition or state that the company had already been wound up.
Company and petition details
Company Petition No. 167 of 2016 concerns Madras Shoe Fabrik Limited, represented by its Managing Director, S. Palaniappan. The company address given is:
- 16A, Vivekanandar Street
- Belliappa Nagar
- Walajapet 632 513
- Vellore District, Tamil Nadu
The petition was presented by S. Palaniappan in his capacity as Managing Director. The hearing was directed to take place before the High Court of Judicature at Madras on 15 July 2016.
Who may be affected
The winding-up petition notice directly addresses:
- Creditors of Madras Shoe Fabrik Limited.
- Contributories of the company.
- Other persons wishing to support or oppose a winding-up order.
A property buyer, owner or professional is not given any separate duty merely because of a land or property interest. However, a person who was a creditor, contributory or otherwise interested in Madras Shoe Fabrik Limited could have been affected by the court proceedings.
Participation requirements
A person wishing to support or oppose the winding-up petition was required to:
- Send signed notice of that intention to the petitioner or the petitioner’s advocate.
- Include the person’s name and address in the notice.
- Ensure that the notice reached the petitioner or advocate not later than five days before the hearing date.
- Appear at the hearing personally or through an advocate.
A creditor or contributory could request a copy of the petition from the petitioner’s advocates by paying the prescribed charges. Any affidavit intended to oppose the petition had to be filed in court, with a copy served on the petitioner or the petitioner’s advocate, not less than five days before the hearing.
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Common questions
Does this notification impose any restriction on buying or selling land?
No land, survey number or property transaction restriction is identified in the notification. It concerns a petition seeking the winding up of Madras Shoe Fabrik Limited.
Was Madras Shoe Fabrik Limited wound up by this notification?
The notification only advertises a winding-up petition and gives a hearing date. It does not state the outcome or record that a winding-up order was made.
Who could support or oppose the winding-up petition?
Any creditor, contributory or other person wishing to support or oppose the petition could give notice and appear at the hearing personally or through an advocate.
Could a creditor obtain a copy of the petition?
Yes. The petitioner’s advocates were to provide a copy to any creditor or contributory on payment of the prescribed charges.
