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2013 (7) TMI 1144

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..... le Lashkari a/w Mr. Maneck Mulla and Ms. Pranita Alwe i/by M. Mulla & Associates, Mr. Vivek Sawant i/by Kusumkumar Kaushik for the petitioner, Mr. S. C. Naidu i/by C. R. Naidu & Co., Ms. Vrushali K. i/by R. D. Suvarna, Mr. Shrivardhan Deshpande a/w Ms. Shahiza Irani i/by Desai & Diwanji For The Petitioner. None for the respondent. ORDER P.C. 1. This group Of company petitions seek winding up Of the respondent M/s Amer Remedies Ltd. Two company petitions i.e. Company Petition No. 517 Of 2012 and Company Petition No. 288 Of 2013 pertaining to the respondent company have already been admitted by order dated 18 December 2012 and 26 July 2013, respectively. 2. The case Of the petitioners in the respective company petitions, in brief, is a .....

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..... 1,10,86,846/- with interest. According to the petitioner, the respondent has availed financial assistance Of ₹ 1 crore. The amount was transfered by RTGS. Cheques were issued by the respondent for Of discharge Of the liability and promissory notes were executed. Inspite Of reminders, the amount was not paid and the cheques given were dishonored. Thereafter statutory notice was issued and the present petition was filed. No reply is filed to the petition. None appears for the respondent when called out. 6. COMPANY PETITION NO. 187 OF 2013 The claim Of the petitioner in this petition is ₹ 5,87,63,388/-. According to the petitioner, the petitioner and the respondent company entered into loan agreement. As per this loan agre .....

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..... promissory note was executed for ₹ 15 crores. The respondent paid an amount Of ₹ 9 crores. ₹ 6 cores were balances. Cheques issued by the respondent were dishonoured on presentation. Statutory notice was issued. Thereafter, the present petition was filed. No reply is filed to the petition. None appears for the respondent when called out. 9. COMPANY PETITION NO. 279 OF 2013 In this company petition, petitioner claims an amount Of ₹ 1.09,83,287/- with interest @ 18% . According to the petitioner inter corporation deposit was given to the respondent company on 10 May 2011 which was received by the respondent company. The respondent company gave two cheques Of ₹ 1 crore and ₹ 1428795/- towards principa .....

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..... e sold and an amount Of ₹ 17,27,292/- was recovered which was adjusted against the facility. For the remaining amount, the respondent company issued cheque, which was dishonoured on presentation. Thereafter statutory notice was issued and the present petition was filed. No reply is filed to the petition. None appears for the respondent when called out. 12. COMPANY PETITION NO. 338 OF 2013 In this petition, the petitioner claimed an amount Of ₹ 1 crore with interest According to the petitioner, the petitioner advanced a remedy Of sum Of ₹ 1 crore to the respondent by way Of inter corporate deposit on 15 October 2012. Post dated cheque towards the said amount was issued by the respondent which, when the petitioner sought .....

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..... t it will be sufficient, if one composite advertisement is issued in respect Of all the company petitions, including Company Petition Nos. 517 Of 2012 and 288 Of 2013, in one Company Petition. The learned counsel state that they will share the publication expenses equally. 16. The petitioner in Company Petition No. 517 Of 2012 shall advertise next date Of hearing Of the company petitions in two newspapers, namely, "Free Press Journal" in English language and translation thereOf in "Navshakti" in Marathi language both having circulation in Mumbai and also in the "Maharashtra Government Gazette". The petitioner shall deposit ₹ 10,000/- with the Prothonotary & Senior master towards the publication charges within two weeks from today wit .....

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