2006 (12) TMI 586

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..... , 1956 ( the Act ) for winding up of Wizard Biotech (P.) Ltd. ( the respondent-company ). 2. The facts leading to the filing of this petition, briefly stated, are that the respondent-company is a private limited company registered under the Act, 1956, and having its registered office at 768, Ram Nagar, Shastri Nagar, Jaipur. 3. On 19-9-2001, the respondent-company obtained a loan of rupees five la .....

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..... 5. Learned counsel for the petitioner contended that the respondent-company has admitted that rupees one lakh is due of the petitioner against it and despite of that it has not paid that amount and thus it is a clear case of inability of the respondent-company to pay its debts. He submitted that in view of this admitted fact this court may please to order for winding up of the respondent-company. .....

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..... -company has not been refuted by the petitioner. In the petition it is nowhere stated that the contents of annexure 4 have been denied by the petitioner by sending any letter. In paragraph No. 11 of the petition the only averment has been made that by this letter the respondent-company is trying to raise false and concocted plea with a view to defeat the claim of the petitioner but it is difficult .....

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