TMI Blog2015 (11) TMI 1549X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of advertisement, appearance is not filed by the respondent. Thus, in absence of any defence put forward by the respondent, it is of the opinion that the case of the petitioner deserves to be considered. Accordingly, this petition is allowed. The Official Liquidator attached to this Court is appointed as Liquidator of the respondent company with all the powers conferred upon him under the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 27.4.2015, this Court has admitted the petition and also permitted the petitioner to publish advertisement in two daily newspapers about the admission of the petition. Thereafter, hearing was fixed on 26.6.2015. The respondent did not appear even after the order of admission and publication of advertisement was passed by this Court. On 7.7.2015, this Court passed further order by which th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent has failed and neglected to pay outstanding dues of the petitioner and, therefore, as per the provisions contained in Section 434 of the Companies Act of 1956, it can be presumed that respondent-company is unable to pay its debt. This Court, therefore, may kindly pass an order of winding up of the respondent-company. 5. I have considered the arguments canvassed on behalf of learned a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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