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2004 (2) TMI 353 - HIGH COURT OF CALCUTTAExtract: ....... considering the facts and circumstances of this case this Court is of the opinion that the appeal should succeed. The appeal is therefore allowed. The order of the learned Company Judge is set aside There will be no order as to costs. 6. This judgment will not prevent the petitioning creditor from filing any suit subject to the laws of limitation.
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