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2010 (1) TMI 579 - HC - Companies LawWinding up petition - Whether as there is no stay on the decree passed by the Additional District Court and hence it is open to the appellant to proceed with the matter for execution of the decree, but has not done so? Held that:- In the instant case, a decree has been passed and the said decree is the subject-matter of appeal at the instance of the respondent. Till it is over, winding up petition cannot be brought forth at this stage. As pointed out in the aforesaid decision, it is nothing but a device to pressurise the respondent-company for payment. It is pertinent to point out that the appellant has not put the decree in execution, but has come forward with the winding up petition. The appeal does not carry any merit whatsoever and the same is dismissed.
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