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2012 (6) TMI 497 - HC - Companies LawWinding up petition - denial - respondent Company set up a case of adjustment and stated that M/s RMP Fabrics, being a sister concern of the appellant owed monies to M/s Indian Handicrafts, a sister concern of the respondent Company - appellant contended said defence to be highly improbable, unbelievable and a sham - Held that:- It is found that RMP Fabrics has filed petition against Indian Handicrafts for recovery of money and in which the respondent Company has also been impleaded as a defendant, for recovery of the amounts. RMP Fabrics also argued that the said defence was sham and amounted to an admission. It is undisputed that said application was dismissed and which order has attained finality. Hence, once the Suit Court has negatived the plea of the sister concern of the appellant, of the defence of Indian Handicrafts and the respondent Company being sham and amounting to admission, and which order had attained finality, no contrary view could be taken in the company petition - Petition dismissed.
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