1991 (2) TMI 332

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.....S. Narang for the Respondent. JUDGMENT J.V. Gupta, CJ. - This company appeal is directed against the order of the company judge dated May 18, 1990, whereby the company petition under sections 433(e), (f ), 434 and 439 of the Companies Act, 1956, was dismissed. Original Company Petition No. 5 of 1984 was filed on behalf of Raj Rani and minor Raj Binder through his next friend, Raj Rani. D....

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.... the petitioners and is virtually to be treated as a fresh or independent petition on behalf of these petitioners. Thus, it is manifest that in the absence of compliance with rule 21, this petition, on their behalf, cannot possibly be maintained." Learned counsel for the appellants submitted that the view taken by the learned company judge was wrong. The original petition filed on behalf of Raj....

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....g a creditor or contributory as petitioner in a winding up petition, he shall adjourn the hearing of the petition to a date to be fixed by him and direct such amendments of the petition as may be necessary. Such creditor or contributory shall, within seven days from the making of the order, amend the petition accordingly, and file two clean copies thereof together with an affidavit in duplicate se....