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1964 (11) TMI 123 - HC - Companies LawExtract: ....... to Clause (a) of Section 399 of the Companies Act, they had no right to apply under Section 398 till such time as the sums due were not paid. The learned Single Judge thus rightly held that the present application under Section 398 of the Companies Act was not maintainable. 29. The Special Appeal has no force and it is hereby dismissed with costs.
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