2003 (2) TMI 351

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..... filed under section 433(C) of the Companies Act by the petitioner seeking winding up of the respondent company. It is not in dispute being a matter of record that this court has already entertained and admitted one company petition being Company Petition 35 of 1997 ( Bank of India v. Earnest Health Care Ltd. ) by order dated 28-8-2000 against this very company for its winding up. In that petitio .....

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..... es against the Company then it ceases to be a petition on behalf of one petitioner but it becomes a petition for and on behalf of several creditors in its representative capacity who have a claim against the Company (in liquidation). The petitioner can have no grievance because this Court has granted liberty to raise their grievance/claim in a Company Petition No. 35 of 1997 for its adjudication. .....

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