9911796707
TMI Blog1998 (7) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... pta for the Dy. Official Liquidator. ORDER 1. This application has been filed by the company, which is respondent in company petition No. 596 of 1991, for setting aside the order dated 4-4-1997 passed by this Court. Perusal of the order dated 4-4-1997 shows that that order was made in the absence of the applicant company which was respondent in the company petition. Perusal of the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court when the order dated 4-4-1997 was passed because of some misunderstanding between the applicant company and its advocate. The learned counsel for the applicant submitted that according to the company petition, the petitioner in that petition was claiming an amount of Rs. 1,50,000 as principal and rest of the amount was claimed as interest. According to the learned counsel for the applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 30-6-1997 shows that the company is in a position to pay its debts. It is further to be seen that the order dated 4-4-1997 is an ex parte order passed without hearing the applicant. In this background, taking overall view of the matter, in my opinion, company application No. 301 of 1997 deserves to be granted in terms of prayer clause ( a ) . The application is therefore granted in terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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