2003 (3) TMI 600

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..... S.C. Shrivastava and Sanjay Sharma for the Respondent. ORDER 1. This company petition is filed by the creditor of the respondent-company on the ground covered under section 433( e ) of the Companies Act. It is the case of petitioner that there money dues are outstanding on the respondent-company and despite the demand made and statutory notice served as required under section 434 of .....

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..... s sent to this Court for passing a final winding up order in accordance with the provisions of section 20(2) of SICA. This Court has accordingly received the said reference. It is registered as Company Petition No. 12 of 1995 in the matter of Kalyan Solvent. It is pending for passing final winding up order in relation to respondent-company. 3. In view of aforesaid admitted fact namely that a p .....

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..... Companies Act. 4. It is for these reasons, I do not consider it proper to either keep this petition pending and dispose it of by granting liberty to the petitioner to submit their claim before the O.L. as and when called upon to do so for verification against the respondent-company. Such course is legal and in confirmity with the procedure prescribed under the Companies Act. There is no preju .....

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