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2006 (3) TMI 342 - HC - Companies LawExtract: .......ellant had indeed filed a Civil Suit which was pending adjudication. It is well-established that unless the liability to pay is acknowledged by the Company for recovery of a debt if a Civil Suit has already been filed with respect to a disputed liability, winding up application does not lie. There is no merit in the appeal. The appeal is dismissed.
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