2004 (6) TMI 331

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..... d has not been replied to. On the self same cause of action earlier winding up petition was dismissed as withdrawn with liberty to apply afresh. Accordingly, the present application has been made by the petitioner. In the Affidavit-in-opposition the company has raised two defence namely ( i ) since the earlier winding up petition was dismissed on the self same cause of action the present winding u .....

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..... ight have been related to some other transactions entered into between the parties and not the identical one. To that, Mr. Ratnanko Banerjee, learned counsel appearing for the petitioning creditor submits that the subject transaction is the only transaction on which the petitioner is entitled to recover their dues. Mr. Banerjee has also drawn by attention to the relevant annexures to the balance-s .....

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