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2004 (7) TMI 356

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..... and after having received the amount towards full and final settlement from respondent-company, vide its letters dated 26-6-1995 and 23-8-1995 (Annexures P-23 and P-24), appellant could not have raised any grievance with regard to further dues to be recovered from respondent-company. Looking to financial status of respondent-company through which it was passing at that time, all the creditors i .....

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..... t reply to the same, which gave rise to appellant to file the company petition for winding up. 2. Learned Company Judge, after issuance of notice to respondent, gave opportunity to it to file its reply. Respondent-company raised aforesaid grounds and disputed its liability to pay dues, as alleged by appellant- company, primarily, on the ground that the matter having been already settled betwee .....

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..... pany petition of appellant came to be dismissed. 4. This appeal has been preferred against this order passed by learned Company Judge in company petition No. 34/1998, decided on 17-3-2004. Perusal of record shows that the appeal has no merit and force. We have enumerated the grounds, on which we also refrain to entertain such an appeal. Appeal fails, and is, accordingly, hereby dismissed. - .....

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