2006 (3) TMI 342

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..... e heard the learned counsel for the parties and perused the impugned judgment dated 15-3-2004 rendered by learned Single Judge of this Court whereby the winding up application filed by the appellant has been dismissed on the ground that the appellant has already instituted a suit for recovery of amount in question and the suit is pending disposal in the Civil Court. In taking this view, the learne .....

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..... in Azeet International (P.) Ltd. s case ( supra ) being apposite are quoted hereinbelow: "There is yet another aspect of the case. Admittedly, a civil suit for the recovery of the amount, claimed in the present petition, has been filed by the petitioner-company against the respondent-company and such suit is pending adjudication. Under these circumstances, the machinery for winding up canno .....

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