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TMI Blog2004 (12) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... ions 433 and 434 of the Companies Act, 1956 (for short, the Act, 1956 ) for winding up of Wizard Biotech Private Limited (hereinafter shall be referred to as the respondent-company ). 2. The facts leading to filing of this petition, briefly stated, are that the respondent-company is a private limited company registered under the 1956 Act, and having its registered office at 768, Ram Nagar, S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice and the document in support thereof is there on the record as Annexure-3 to the petition. 5. The learned counsel for the petitioner contended that the respondent- company has admitted that Rupees one lakh is due of the petitioner against it and despite of that it has not paid that amount and thus it is a clear case of inability of the respondent-company to pay its debts. He submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all properties belonging to the respondent-company lying with the petitioner. The letter dated 21st of July, 2004 Annexure-4 sent to the petitioner by the respondent-company has not been refuted by the petitioner. In the petition it is nowhere stated that the contents of Annexure-4 have been denied by the petitioner by sending any letter. In para No. 11 of the petition the only averment has been m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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