IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Co.Pet.No. 33 of 2009 ------------------------- PETITIONER: -------------- KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., KESTON ROAD, KAWDIAR, THIRUVANANTHAPURAM – 695 003. REPRESENTED BY ITS MANAGER (LEGAL). BY ADVS. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE SMT.MARIAM MATHAI SRI.P.THOMAS GEEVERGHESE RESPONDENTS: ------------------ 1. M/S. INDUSTRIAL ACCUMULATORS LTD., 1ST FLOOR, AISWARYA BUILDINGS, VALANJAMBALAM, COCHIN – 682 016. ADDL.R2. NOBLE JOHN, S/O.K.M. JOHN, AGED 53 YEARS, KUZHIMURIYIL ESTATE, CHAYALODE P.O., EZHAMKULAM, PATHANAMTHITTA DISTRICT. PIN – 691 556. (IMPLEADED AS PER ORDER DTD.24.1.11 IN CA475/10 IN CP 33/09). BY ADV. SRI.ANIL K.NARENDRAN FOR ADDL.R2. THIS COMPANY PETITION HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Co.P.No.33/2009 A P P E N D I X PETITIONER'S EXHIBITS: ANNEXURE A: MEMORANDUM OF ASSOCIATION OF RESPONDENT COMPANY. RESPONDENT'S EXHIBITS: ANNEXURE R2(a): COPY OF JUDGMENT DTD. 9.3.09 OF THIS COURT IN Co.Pet.No.5 OF 2009. ANNEXURE R2(b): COPY OF ORDER DTD. 26.4.10 OF THE REGISTRAR OF COMPANIES. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- Company Petition No.33 OF 2009 --------------------------------------- Dated this the 19th day of July, 2011. O R D E R The petitioner herein is Kerala State Industrial Development Corporation Ltd. (KSIDC). The additional 2nd respondent has been impleaded as per order in C.A.No.475/2010 dated 24.01.2011. 2. The affairs of the respondent Company is placed before this Court for sanction for winding up. There is no appearance for the 1st respondent. This Court by order dated 01.02.2011, after noticing that there is no appearance or contest raised by the respondent Company, directed to carry out the advertisement of the Company Petition in one issue of 'Kerala Kaumudy' daily and 'New Indian Express' daily, both in the Cochin edition. The paper publication has been produced also. 3. The additional 2nd respondent had approached the Registrar of Companies and the Registrar has passed an order as per Annexure R2(b). But, in the light of the Company Application Company Petition No.33/09 2 filed by the petitioner in C.P.No.33/2009, learned counsel for the additional 2nd respondent points out that no separate petition need be filed. Therefore, the prayer in the Company Petition is allowed. The Company namely, M/s. Industrial Accumulators Ltd. is ordered to be wound up under the provisions of the Companies Act and it will be published in Form No.52. Due publication will be made by the Registry in 'Kerala Kaumudy' daily and 'New Indian Express' daily, both in the Cochin edition at the expense of the petitioner. The publication in the Gazette is dispensed with. T.R. RAMACHANDRAN NAIR JUDGE smp