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2006 (3) TMI 333

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..... ge dated 10-1-2006 seeking to wind up the appellant's company. There is a delay of thirty-five days in seeking to prefer the appeal; prayer is made for filing of an opposition. 2. Opposition might be filed within three weeks from the date hereof. Reply within two weeks thereafter. Condonation of delay (of) application along with the appeal for summary disposal will come up thereafter in the list. .....

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..... Rs. 60 lakhs (Rs. 59,97,979), a substantial part has been paid; there is correspondence of the company stating that although it has paid much the larger part of the price, a sum of Rs. 12,14,505 is outstanding as, according to the company, the goods were substandard. 5. It is well known that unless the debt of the petitioning creditor is undisputed, a winding up petition is not an appropriate rem .....

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..... ma facie and without prejudice. 8. Until further orders of court, the impugned order will remain stayed. Our orders and observations will not, in any manner, prevent the parties from taking steps elsewhere. Without prejudice to the rights and contentions of the petitioning creditor before us, or in this winding up proceeding, the petitioning creditor might even file a suit for recovery, if he is .....

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