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TMI Blog2004 (8) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... at 48/48A, Baluaghat, Allahabad (hereinafter referred to as the respondent-company ) be wound up under the provisions of the Companies Act, 1956. The said Company Petition has hereinafter been also referred to as the Winding Up Petition . 2. It is, inter alia, stated in the Winding Up Petition that the respondent company was incorporated on 7-2-1990 vide Incorporation No. 20-11632 of 1990 and that the registered office of the respondent-company is situated at 48/48A, Baluaghat, Allahabad; and that the respondent-company is a private limited company. 3. It is, inter alia, further stated in the Winding Up Petition that the respondent-company was appointed sole distributor of Birla Blue Flames Limited S.C.O. 837, Mani Majra, C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cent per annum from the date of deposit. 5. Copy of the said letter dated 20-6-1995 has been filed as Annexure No. 1 to the Winding Up Petition. 6. It is, inter alia , further stated in the Winding Up Petition that in response to the said letter dated 20-6-1995 written by the petitioner, the respondent company desired a personal meeting to settle the claim; and that a meeting was held on 18th July, 1995; and that a settlement was arrived at for payment of Rs. 5,92,500 plus interest at the rate of 15 per cent per annum from 1-4-1994; and that the said settlement was confirmed vide letter dated 19th July, 1995 written by the respondent company to the petitioner. 7. Copy of the said letter dated 19th July, 1995 has been filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 5 to the Winding Up Petition. 15. It is, inter alia, further stated in the Winding Up Petition that as no payment was made till 9th January, 1996, the petitioner gave notice dated 2-2-1996 to the respondent company under section 433/434 of the Companies Act, 1956. 16. Copy of the said notice dated 2-2-1996 has been filed as Annexure No. 6 to the Winding Up Petition. 17. It is, inter alia, further stated in the Winding Up Petition that vide letter dated 12-2-1996, the respondent company, in reply to the said notice dated 2-2-1996, confirmed that the aforesaid amount was due on the respondent-company with interest; and that the respondent company, however, requested for one month more time for clearing off debts/dues. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. A7). 24. In the said Rejoinder Affidavit, the petitioner, inter alia, reiterated the averments made in the Winding Up Petition. 25. It further appears that a Supplementary Affidavit sworn on 23-7-1997 (Paper No. A8) was also filed on behalf of the petitioner. 26. Another Affidavit sworn on 31-8-1997 (paper No. A-9) was filed on behalf of the petitioner, inter alia , explaining the circumstances in which the aforesaid Supplementary Affidavit (paper No. A-8) was filed on behalf of the petitioner. 27. It further appears that a Counter Affidavit sworn on 22-9-1997 (Paper No. A-10) was filed on behalf of the respondent company in reply to the aforesaid Supplementary Affidavit (Paper No. A8) and the aforesaid Affidavit (Pap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 32. The relevant portion of the said order dated September 13, 2000 is quoted below : "To come to the point, this Winding Up Petition is admitted for advertisement under rule 24 of the Companies (Court) Rules, 1959. Let steps for advertisement as per this rule be taken by the petitioner within two weeks from today. The office will fix a date for hearing in the notice to be published and shall list the case on the date fixed for hearing. Notice be published in Hindi newspaper Aaj published from Allahabad and English newspaper Times of India published from Lucknow Publication shall also be made for the same date in Official Gazette." 33. It will be noticed that the said order dated September 13, 2000, inter alia, directed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he directions given in the said order dated 13-9-2000 read with the said order dated 22-11-2000 was taken note of, and the said Affidavit of Arun Kumar Gupta and the annexures thereto filed along with the said Application (Paper No. A18) were directed to be taken on record. 39. By the said order dated 26-7-2004, the office was directed to submit report as to whether any objections/reply to the Winding Up Petition, pursuant to the Winding Up Petition having been advertised, as aforesaid, had been filed. 40. Office has submitted its report dated 16-8-2004/23-8-2004, inter alia, stating that no objections/reply to the Winding Up Petition has been filed, pursuant to the Winding Up Petition having been advertised under Rule 24 of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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