2002 (9) TMI 766

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..... G.S. Singhvi, Actg. CJ. - This appeal under section 483 of the Companies Act, 1956 (for short "the Act") is directed against order dated December 14, 2000, passed by the learned company judge in Company Petition No. 272 of 2000. 2. A perusal of the petition filed by the appellant under section 433/434/439 of the Act shows that he had given a demand draft of 10,000 pounds (sterling) to the .....

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..... llant for the purpose of investment and accordingly, shares were issued in his favour. The learned company judge dismissed the petition by recording the following observations : "In the facts and circumstances narrated above, there is no material on record, to enable this court to arrive at the conclusion that the amount extended by the petitioner to the respondent-company was indeed a loan repa .....

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..... er from any legal infirmity and, therefore, the consequential conclusion drawn by him that the appellant had failed to make out a case for winding up of the respondent does not call for interference. 6. For the reasons mentioned above, the appeal is dismissed. However, we give liberty to the appellant to pursue other remedies including by way of civil suit for recovery of the amount given to t .....

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