SYED ASGHAR HAIDER, J.---This petition under section 305 of the Companies Ordinance, 1984, is for winding A up of the respondent-Company on basis that it is incapable o liquidating its liabilities.
2. Learned counsel for the petitioner contended that the respondent-Company owes the petitioner a sum of Rs,1,425,100.00 on account of civil works done by the petitioner, he also referred to the notice dated 29-8-2006, in this context whereby the respondent-Company accepted its liability, thus, according to the learned counsel this amounts to clear acknowledgement of debt and non- payment thereof entails winding up of the respondent-Company under section 305 of the Companies Ordinance, 1984.
3. Notices were issued to the respondents through the modes prescribed and also through publication in the Daily Nawa-i-Waqt and Daily Dawn, pursuant thereto none entered B appearance and thereafter the respondents. Were proceeded against ex parte on 22-1-2007, none has entered appearance even thereafter.
4. The respondent-Company Messrs Ihsan Processing Mills (Pvt.) Limited was incorporated in Lahore on 23-1-2003, vide Registered Certificate No,F-0719 issued by the Registrar Stock Companies, Lahore, and registered office of the company at Chak No,203/RB, Muraabba No,73, Kila No,9, Plot No,5 Faisal Town, Faisalabad. The authorized capital of the Company is Rs,1,000,000 divided in 100,000 shares of Rs,10 each. The paid up capital of the company is Rs,655110 divided into 65511 of Rs,10 each. The company was catering to textile business. From the grounds made out in Clause (c) and also from arguments made by the learned counsel today especially letter of acknowledgment dated 29-8-2006, it is clear that the respondent-Company is not in a position to liquidate its liabilities. There has been no opposition from any quarter to contest the assertions made, therefore, this petition is allowed C as prayed for.
5. Mr. Abdur Rashid Qureshi, Advocate, Room No,12, Second Floor Shafqat Plaza, 13 Fane Road, Lahore, is appointed as official liquidator, he is directed to take over the control of the assets of the company and to proceed in accordance with law thereafter. The Liquidator shall be paid fee of Rs,30,000 to be borne by the petitioner, to meet the expenses of winding up, the petitioner, is directed to deposit also, a sum of Rs,30,000 in the liquidation account to be opened by the liquidator in his name, for which he shall tender quarterly accounts.
6. Now to come up for report of the official liquidator and further proceeding on 8-4-2008.