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Rosedale Ltd v Dosoos Supermarket Ltd [2004] FJHC 420; HBF0072.2004L (27 May 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

CIVIL ACTION NO. HBF0012 OF 2004L

BETWEEN:

ROSEDALE LIMITED
Plaintiff

AND:

DOSOOS SUPERMARKET LIMITED
Defendant

Counsel for the Plaintiff: Mr. V. Mishra with Mr. T. Vakalalabure
Counsel for the Defendant: Mr. R. Gordon

Date of Hearing & Judgment: 27 May 2004

EXTEMPORE JUDGMENT

In this matter, having heard evidence from a Director of the Petitioning Creditor, Doosoos Supermarket Limited, Mr. Jay Raj Lal, and having perused the Petition and Memorandum of Due Compliance that have been filed with the court, I am satisfied that the sum of Forty One Thousand, Five Hundred Dollars ($41,500.00) is outstanding and owing by the company, Rosedale Limited to the petitioning creditor. I am also satisfied on the evidence placed before the court being the oral evidence, Jay Raj Lal and Exhibits 1, 2 and 3 that the debt owing by the company, the petitioning creditor, has certainly been acknowledged in the period of limitation.

In the circumstances therefore I am prepared to make an order to wind up the company Rosedale Limited in accordance with the petition.

The Orders of the Court therefore will be:

1. That Rosedale Limited be wound up by the court pursuant to the provisions of the Companies Act 1983;
   

2. That the Official Receiver be appointed liquidator of the company;

3. The petitioning creditor’s costs be paid from the companies assets in priority to other claims.
   

JOHN CONNORS

JUDGE

AT LAUTOKA

27 MAY 2004