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2013 (12) TMI 348

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..... is permitted to withdraw Rs. 10 lakhs and the remaining amount of Rs. 3 lakhs shall be returned to the appellant - The winding up proceedings shall be dropped or permitted to be withdrawn and the hearing of Civil Suit filed by the appellant along with its sister concern against the respondent and others, before the Calcutta High Court shall be expedited. - Civil Appeal No. 8258 of 2013 - - - Dat .....

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..... out of the said amount Rs. 2 lakhs had already been paid before filing of the winding up petition. A sum of Rs. 13 lakhs was due and payable, which was not paid by the appellant in spite of receiving a statutory notice from the respondent. According to the appellant, certain amount is due and payable by the sister concern of the respondent company to the sister concern of the appellant company and .....

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..... agreed among the parties and therefore, we direct that out of said amount of Rs. 13 lakhs deposited with the Calcutta High Court, the respondent is permitted to withdraw Rs. 10 lakhs and the remaining amount of Rs. 3 lakhs shall be returned to the appellant. The winding up proceedings shall be dropped or permitted to be withdrawn and the hearing of Civil Suit No. 332 of 2012 filed by the appellant .....

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