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TMI Blog2013 (2) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... s found that not only the agreement provides the names of the parties whose claims have to be settled but the respondents have also filed an affidavit with supporting evidence pointing out the persons to whom the payment was made and in support thereof evidence of the reasons for the same. The entire case of the appellant that the documents under which payments were made were fraudulent is a matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es the order dated 24.04.2012 of the Learned Single Judge dismissing the appellant's petition for winding up of the respondent company under the provision of Companies Act, 1956. 2 The appellant had by a notice dated 11.12.2010 under Section 434 of the Companies Act, 1956 issued to the respondent-company calling upon the respondent-company to make a payment of Rs.2 crores allegedly payable to hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n respect of the transfer of the leasehold plot alongwith the plinth of the proposed building. This aforesaid agreement also provided the names of the persons to whom the appellant was required to make payment as they had filed suits in the Vashi Thane court with regard to the property agreed to be purchased by them from the appellant. The respondent pointed out before the Learned Single Judge tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d parties. The Appellant states that the aforesaid alleged payments ought not to have been made by the Respondent. The Counsel for the respondent points out that the appellant had executed a power of attorney in their favour on 05.03.2010 to interalia deal with all claims in respect of the property transferred by agreement dated 10.02.2010. We further find that not only the Agreement dated 10.02 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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