1999 (8) TMI 804

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..... - Makhan Singh Devinder Pal Singh filed the present petition under section 583 of the Companies Act, 1956, for winding up of the respondent company, Raja Oil Mills. It had been asserted that the petitioner firm carries on business as commission agent of sun-flower seeds. The respondent company is an unregistered company having its factory as well as registered office at 74, Industrial Complex, G....

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....eason that under section 2(10) of the said Act, 'company' means a company as defined in section 3 of the Act. Under section 3 of the Act, 'company' means : "3. Definitions of 'Company', 'existing company', 'Private Company' and 'Public Company'.-(1) In this Act, unless the context otherwise requires, the expressions 'company', 'existing company', 'private company' and 'public company', shall, s....

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....by any Act of Parliament or other Indian law or any Act of Parliament of the United Kingdom; (ii)a company registered under this Act; or (iii)a company registered under any previous companies law and not being a company, the registered office whereof was in Burma, Aden or Pakistan immediately before the separation of that country from India; and (b)save as aforesaid, shall include any par....

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....T.R. Associates [1986] 59 Comp. Cas. 359. But perusal of the cited judgment clearly reveals that the said court had expressed the view that it was an unregistered partnership concern of more than seven persons. In the present case, it is not so. Therefore, the cited decision will not come to the rescue of the petitioner. 8. In that event, reliance had been placed on the decision of Bangalore Ti....