C.A. No.858 of 2008 and -1- C.P. No.167 of 2008 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.A. No.858 of 2008 and C.P. No.167 of 2008 Date of Decision:12.02.2009 In the matter of M/s Mark Hort Potatoes (India) Limited, Plot No.4, Sector 35-B, Chandigarh. Present: Mr. A.C. Jain, Advocate for the petitioner. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? -.- K. KANNAN J. (ORAL) C.A. No.858 of 2008 Application allowed. Permission to file the photocopies of Annexures P-1 to P-3 is granted. C.P. No.167 of 2008 1. This is a petition for winding up of the company on the ground that company is not in a position to repay its debts. The company has itself passed a resolution at the meeting held on 28.02.2008 that the company could be wound up and the Company Secretary should complete all the formalities for winding up of the company. The advertisement had already been issued and affidavit of the Company Secretary has been filed along with the newspaper publications carried out in “Indian Express”, “Jan Satta (Chandigarh Edition)” as well as Official Gazette of Chandigarh Administration. 2. There have been no objections pursuant to the publications carried out as above. The affairs of the company cannot be carried out and I C.A. No.858 of 2008 and -2- C.P. No.167 of 2008 order that the company shall be wound up and further direct that factum of winding up of the company shall be published within 14 days from the making of this order in “Indian Express” and “Dainik Bhaskar (Hindi)” as well as Official Gazette of Chandigarh Administration. 3. The assets of the company shall stand vested with the Official Liquidator and he will take appropriate proceedings as per law under the supervision of this Court. (K. KANNAN) JUDGE February 12, 2009 Pankaj*