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TMI Blog2014 (7) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... be settled before a civil court. Since the petitioner has already filed a suit of recovery of the same amount and the disputes and the rival contentions raised by the parties are being adjudicated upon in the civil court, the present petition would not be maintainable. - present petition not maintainable. - CO. PET. 554/2013 - - - Dated:- 15-7-2014 - Sanjeev Sachdeva,JJ. For the Petitioner : Mr. Sandeep Jindal, Advocate. For the Respondent : Mr. Kunal Madan and Ms. Meenu Bakshi, Advocates. ORDER Sanjeev Sachdeva, J (Oral) 1. The petitioner has filed the present winding up petition against the respondent company. 2. The case of the petitioner is that the petitioner had over a period of time given ₹ 97,5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r at a premium. 8. The balance sheet for the period ending 31st March, 2012 has been placed on record to show that shares were allotted to the petitioner at a premium during the financial year 2011 - 2012. It is contended on behalf of respondent that even requisite forms were filed with the Registrar of Companies showing allotment of shares in favour of the petitioner. Copy of Form No. 2 stated to have been filed with the Registrar of Companies has been placed on record. Resolution of the Board of Directors dated 15.12.2011 authorizing the allotment of shares in favour of the petitioner at a premium has also been placed on record. 9. It is further contended that notices were issued to the Petitioner calling for payment of the call mon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s stated to be not in accordance with the Companies Act and the Rules framed there under. It is contended that applicable Accounting Standards have not been followed for the allotment of the said shares. 13. Learned counsel for the petitioner submits that a suit for recovery of the amount involved in the present petition has already been filed by the petitioner and the same is pending before the Senior Civil Judge at Faridabad. 14. The disputes whether the petitioner ever applied for issuance of shares or whether the shares were allotted or not and if so whether the allotment is in accordance with the statutory provisions are disputes which would require a deeper examination that would be possible only after a detailed trial. The disp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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