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2017 (8) TMI 1460 - Tri - Companies LawMaintainability of Company Petition - Petitioners do not hold any shares in the company and there are serious latches and delay in filing the said Petition and further the Petitioners have not approached the Court with clean hands - Held that:- The doctrine of 'in pari delicto', which means when both the parties are equally at fault, one party cannot take advantage against the other. So, the Respondents cannot contend that there is lot of delay in filing the Company Petition and seeks the dismissal of the same on the ground of delay in filing. The contention of the Applicant/Respondents that the Respondent/Petitioners have not come to Court with clean hands cannot be accepted at this stage of the Petition as there no grounds to say so. As of now, this Bench had not seen any of the contentions raised in the maintainability application having been substantiated with any sound proof or support. Having gone through the entire record and the reluctance on the part of the Applicant/Respondent of the maintainability application in producing the necessary supportive documents would necessitate this Bench to strike down the application of maintainability as it does not substantiate any of the contention raised therein. Before we part with, it is hereby placed on record that notwithstanding the fact that the application arising the question of maintainability is dismissed but no prejudice shall be caused to the either side by any of the observations made herein above on the merits of the main Petition yet to be decided - maintainability Application is dismissed.
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