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2019 (11) TMI 1481 - Tri - Insolvency and BankruptcySeeking for declaration that the affairs of the Respondent No. 1 Company are being conducted in a manner of prejudicial to its interest and that of its shareholders - sections 59, 210, 213, 216, 241, 242 of the Companies Act 2013 - HELD THAT:- The maintainability or otherwise the Petition on merits under the limitation Act and Section 433 of the Act can only be decided after taking into consideration the pleadings of the parties and the totality of the facts and circumstances of the case and rival pleadings. The maintainability of the Petition prima facie on the point of limitation cannot be decided at this stage. Without going into the merits of the Petition vis-a-vis the claim of the Respondents prima facie it cannot be said that the Company is under dispute in any case. There are no reason to modify the order nos. I & II dated 06.02.2019 passed by the NCLT, Hyderabad Bench - appeal disposed off.
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