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2008 (2) TMI 622

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..... has shown its willingness and has now settled its dues with almost all its creditors. Thus the order dated 1-10-2007 winding up the respondent-company be re called. The winding up petitions are dismissed. The interim orders, which were passed in the winding up petitions are discharged. The Official Liquidator will intimate the respondent-company with the expenses incurred by it in the account of the company. The re spondent-company has assured to reimburse such expenses within a week of receiving the letter. - COMPANY PETITION NOS. 115 OF 1997, 13 OF 2002, 4 OF 2005 AND 8 OF 2006 - - - Dated:- 19-2-2008 - SUNIL AMBWANI, J. Vipin Sinha for the Appellant. Jitendra Sethi, Pushkar Mehrotra for the Respondent. Raj Nath N. .....

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..... called that at the time of reference, the respondent-company had brought proposal for settlement along with cheques of Rs. 35.50 lakhs dated 26-11-2007 in favour of M/s. Hindustan Composite Ltd. and Rs. 17.50 lakhs in favour of M/s. Hindustan Sanitary Ware and Industries Ltd. towards principal amount. These cheques were accepted by their counsels without prejudice to their rights to settle the amount of interest. 4. Today Shri Jitendra Sethi and Shri Pushkar Mehrotra appearing for the respondent-company have filed an application supported by affidavit of Shri Yogesh Kumar Chauhan, Company Secretary, of the respondent-company (In Liq.) stating that they have also entered into compromise with Malanpur Steels Ltd., Hindustan Sanitary Ware .....

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..... aid by the respondent-company. 9. Shri Jitendra Sethi, on the instructions received from Shri N.K. Rawat, Director, appearing for the respondent-company has assured the Court that whatever reasonable expenses has been incurred by the Official Liquidator in the account of the re spondent-company, for the purposes of liquidation, will be reim bursed within a week of communication of the demand. 10. The winding up of the company enures to the benefit of all the creditors of the debtor company. In the present case the company petition was advertised long ago and is pending for last more than 10 years. No other creditors except those, who have filed winding up petitions and those, who had opposed the scheme of restructure of debts have c .....

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