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In re Active Foods Ltd [2010] FJHC 339; HBE28.2010 (29 July 2010)

IN THE HIGH COURT OF FIJI AT SUVA
COMPANIES JURISDICTION

Winding Up Cause HBE 28 of 2010

IN THE MATTER of ACTIVE FOODS LIMITED
a limited liability company having its registered office at
322 Princess Road, Tamavua, Suva in the Republic of Fiji.

AND:

IN THE MATTER of the Companies Act.

RULING

Introduction

[1]. On 14th April 2010, FRESH'ET INTERNATIONAL LIMITED a company having its registered office at 131 Foster Road ("Fresh'et") filed a petition to wind-up ACTIVE FOODS LIMITED ("AFL"). Fresh'et alleges in the petition that AFL is indebted to it in the sum of $10,209.89 in respect of goods sold to AFL by Fresh'et.

[2]. The Affidavit Verifying Petition was filed on 21st April 2010. An Affidavit of Service of Muni Prasad sworn on 30th of April 2010 deposes that he served the petition on AFL on 22nd April 2010 at 322 Princess Road, Tamavua, Suva which, according to Prasad, is AFL's registered office.

[3]. The petition was duly advertised in the Fiji Sun on Thursday May 13th 2010 and in the Gazette on 21st May 2010, as shown in the Memorandum of Due Compliance filed on 25th May 2010.

[4]. A Notice of Intention to Appear and Support Petition was filed by Tappoo Limited on 18th May 2010 for an alleged debt of $20,143.11.

[5]. As AFL has not bothered to file an affidavit in opposition let alone appear in Court, I granted Order in Terms of the Petition on 16th July 2010 and awarded $500-00 costs in favour of the petitioner.

Anare Tuilevuka
MASTER

At Suva
29th day of July 2010.