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2010 (3) TMI 680 - HC - Companies LawWhether the order of winding up is yet to be passed and consequently, the claim of the appellant in terms of section 529A of the Companies Act cannot be considered? Held that:- The writ petition came to be dismissed on the primary ground that the company, viz., M/s. Nova Electromagnetic Ltd., Chennai-45 has not been impleaded as respondent. Since it was represented that the above said company had shifted its operation to New Delhi, this court vide order dated January 28, 2009, had directed the appellant herein to serve notice on the above said company having address at Door No. 506, Hemkunt Tower, 98, Nehru Palace, New Delhi-110 019 and also to the Chennai address of the said company. The private notice taken to the company at New Delhi was returned with an endorsement "refused" and the notice taken to the Chennai address was also returned with an endorsement "Left". Affidavit of service was also filed to that effect by the appellant. Since the infirmity pointed out in the impugned order has been rectified, the said infirmity no longer survives. But in view of the above cited reasons, the prayer sought for by the appellant-union cannot be granted at present.
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