2003 (2) TMI 351

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....RDER 1. It is a company petition filed under section 433(C) of the Companies Act by the petitioner seeking winding up of the respondent company. It is not in dispute being a matter of record that this court has already entertained and admitted one company petition being Company Petition 35 of 1997 (Bank of India v. Earnest Health Care Ltd.) by order dated 28-8-2000 against this very company for....

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....nd advertised in terms of Rules against the Company then it ceases to be a petition on behalf of one petitioner but it becomes a petition for and on behalf of several creditors in its representative capacity who have a claim against the Company (in liquidation). The petitioner can have no grievance because this Court has granted liberty to raise their grievance/claim in a Company Petition No. 35 o....