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2011 (12) TMI 266

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..... f the Companies Act, 1956 seeking for winding up of the respondent company for non-payment of dues of the petitioner company and also sought for appointment of Official Liquidator attached to this court to take custody and charge of the assets of the respondent company. 2. In the petition it is averred that petitioner is a Private Limited Company registered under the provisions of the Companies A .....

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..... nd. Accordingly, the petitioner company has supplied PVC compound under different invoices. The invoices are produced at 'A' series. As on the date of filing of this petition, respondent is due Rs. 92,61,049/- In spite of repeated reminders, said amount has not been paid. 5. The petitioner has also produced the delivery challan at 'B' series with regard to supply of PVC compound and authorised of .....

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..... ions has not been filed and no steps have been taken to pay the dues. On 17.08.2009 this court finally granted time till 21.08.2009 to file statement of objections. In spite of granting opportunity, respondent has not filed objections. This court by order dated 21.08.2009 admitted the company petition and directed the petitioner to take out advertisement on or before 10.09.2009 indicating the date .....

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..... ests, the respondent failed to pay the dues to the petitioner. In view of that the company petition is filed seeking for winding up of the respondent company in the year 2008, after hearing the contesting parties, company petition was admitted and ordered for advertisement. Even after three years of filing of winding up petition, objections has not been filed by the respondent. 6. Advocate appear .....

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..... ORDER  1.  Petition is hereby allowed.  2.  Respondent, company is ordered to be wound up. Official liquidator attached to this court is appointed to take over the assets and liabilities of the respondent company.  3.  Petitioner is directed to deposit a sum of Rs. 25,000/- with Official Liquidator to meet the initial expenses of winding up proceedings.  4.& .....

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