1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 612 OF 2008 Mr.Deepak Mogal. ..Petitioner. V/s. Amcane(India) Ltd. ..Respondents. Mr. Rahul A. Risbud a/w Vikas Mahangare for petitioner. None for Respondents.. CORAM:- A.M.KHANWILKAR, J DATED :- JULY 16, 2009. P.C. 1. Having regard to the case made out in the Petition, which has remained unchallenged inspite of publication of admission and final hearing of this Petition, according to the Petitioner, all the shareholders have surrendered their shares, as can be discerned from Exh.H-1 to H-6. In the circumstances, only three shareholders continue to hold equity shares, which strength of shareholders is not sufficient to constitute the Company. Out of six directors the Company, one director is reportedly dead, whereas three have resigned; one has vacated the office due to default of not 2 attending consecutive meetings and one has retired as back as on 21st July, 2006. In this view of the matter, it is just and equitable to accede to the relief claimed in the Petition of winding up of the Respondent Company. Accordingly, this Petition is made absolute in terms of prayer clause (a). Official Liquidator is appointed to take over the assets of the Company in liquidation and proceed in accordance with law. (A.M.KHANWILKAR, J)