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2008 (2) TMI 612 - SUPREME COURTWhether Severn Trent could file winding up petition as a Creditor? Whether a winding up petition filed by Severn Trent is maintainable in the capacity as a contributory? Whether a winding up petition filed by Severn Trent is liable to be dismissed at the threshold on the ground of premature advertisement by Severn Trent without an order of the Court as required by law? Held that:- The appeal filed by Severn Trent Water Purification Inc.— petitioner of the company petition, deserves to be dismissed. It cannot be said that the Division Bench was in error in passing the impugned order and remitting the matter to the learned Company Judge to consider the question as to maintainability of company petition filed by Severn Trent as a Creditor of the Company. It is thus clear that though the case put forward by Severn Trent in the winding up petition was as a ‘contributory’, the factum of the Company being Debtor and Severn Trent being Creditor and in spite of dues being admitted by the Company, there was non-payment on the part of the Company had been mentioned in the petition.
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