Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2013 (7) TMI 1144

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... we i/by M. Mulla Associates, Mr. Vivek Sawant i/by Kusumkumar Kaushik for the petitioner, Mr. S. C. Naidu i/by C. R. Naidu Co., Ms. Vrushali K. i/by R. D. Suvarna, Mr. Shrivardhan Deshpande a/w Ms. Shahiza Irani i/by Desai Diwanji For The Petitioner. None for the respondent. ORDER P.C. 1. This group Of company petitions seek winding up Of the respondent M/s Amer Remedies Ltd. Two company petitions i.e. Company Petition No. 517 Of 2012 and Company Petition No. 288 Of 2013 pertaining to the respondent company have already been admitted by order dated 18 December 2012 and 26 July 2013, respectively. 2. The case Of the petitioners in the respective company petitions, in brief, is as un .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... is petition, the petitioner has claimed an amount Of ₹ 1,10,86,846/- with interest. According to the petitioner, the respondent has availed financial assistance Of ₹ 1 crore. The amount was transfered by RTGS. Cheques were issued by the respondent for Of discharge Of the liability and promissory notes were executed. Inspite Of reminders, the amount was not paid and the cheques given were dishonored. Thereafter statutory notice was issued and the present petition was filed. No reply is filed to the petition. None appears for the respondent when called out. 6. COMPANY PETITION NO. 187 OF 2013 The claim Of the petitioner in this petition is ₹ 5,87,63,388/-. According to the petitioner, the peti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 18/-. According to the petitioner, the petitioner had sanctioned credit facility Of short term demand loan for ₹ 15 crores and promissory note was executed for ₹ 15 crores. The respondent paid an amount Of ₹ 9 crores. ₹ 6 cores were balances. Cheques issued by the respondent were dishonoured on presentation. Statutory notice was issued. Thereafter, the present petition was filed. No reply is filed to the petition. None appears for the respondent when called out. 9. COMPANY PETITION NO. 279 OF 2013 In this company petition, petitioner claims an amount Of ₹ 1.09,83,287/- with interest @ 18% . According to the petitioner inter corporation deposit was given to the respondent company on .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t @ 18.5% per annum in advance. The respondent company forwarded cheque Of ₹ 30 lakhs but the respondent requested not to deposit the said cheque. Equity shares pledged with the petitioner came to be sold and an amount Of ₹ 17,27,292/- was recovered which was adjusted against the facility. For the remaining amount, the respondent company issued cheque, which was dishonoured on presentation. Thereafter statutory notice was issued and the present petition was filed. No reply is filed to the petition. None appears for the respondent when called out. 12. COMPANY PETITION NO. 338 OF 2013 In this petition, the petitioner claimed an amount Of ₹ 1 crore with interest According to the petitioner, the pet .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 012 and 288 Of 2013 advertisements have been directed to be be issued. It appears that inspite Of the order passed on 18 December 2012 in Company Petition No. 517 Of 2012 it has not yet been advertised. The learned counsel for the petitioners in this group Of petitions states that it will be sufficient, if one composite advertisement is issued in respect Of all the company petitions, including Company Petition Nos. 517 Of 2012 and 288 Of 2013, in one Company Petition. The learned counsel state that they will share the publication expenses equally. 16. The petitioner in Company Petition No. 517 Of 2012 shall advertise next date Of hearing Of the company petitions in two newspapers, namely, Free Press Journal in English language an .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates