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2006 (7) TMI 324 - SC - Companies LawWhether the petition substantially complies with the requirements? Even when there is some breach or omission whether it can be fatal to the petition? Held that:- The learned Judges of the Division Bench has appreciated that the technical plea raised by the respondent regarding defective affidavit was raised after seven years of filing the petition. The learned counsel submitted that the appellant is raising the defence of technical plea to protect himself from the consequence of his default and this plea cannot be considered effective enough to review the order of advertisement. Assuming without admitting that the affidavit was not verified as per the Company Rules, the learned counsel has correctly submitted that if this objection was taken earlier the respondent would have cured the defect. Thus the appeal has no merit and the order passed by the learned Judges of the Division Bench confirming the order passed by the learned Company Judge does not call for any interference by this Court.
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