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2007 (8) TMI 800

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..... counsel for the petitioners. 2. So far as Company Petition No.1180 of 2002 is concerned, the Petitioners had imported 299.405 kl. of transformer oil in bulk from M/s.S.Henle Inc, USA under Purchase Order dated 30th August, 1995 and Bill of Lading No.2 dated 16th January 1996 amounting to ₹ 60,40,142/-. The said oil was supplied to M/s.Madras Petrochem Limited (hereinafter referred to as .....

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..... ve called upon the company to supply the oil lying with it or to pay the costs thereof. But there has been no responses from the said company. Ultimately on 21.02.2002 the petitioners gave statutory notice to the company, but the company has failed to give any reply to the same. Hence this petition. According to the petitioners, the company is liable to pay to the petitioners a sum of ₹ 61,0 .....

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..... egistrar of BIFR has recorded his opinion under Section 20(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 that the Respondent-Company M/s.Madras Petrochem Limited should be wound up, admitted the petition and, directed the petitioners to comply with all the formalities including advertising the petition. 6. The Petitioners-Company has filed an affidavit of proving publication .....

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..... petition and directed the Official Liquidator to advertise the same. Though there is no affidavit filed on record from the side of the Official Liquidator, however, considering the opinion as referred to above in view of the facts and circumstances averred in Company Petition No.1180 of 2002 and as there is an affidavit of publication on record and further as there is no response of any kind in a .....

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