2004 (12) TMI 384

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....oner filed this petition under sections 433 and 434 of the Companies Act, 1956 (for short, 'the Act, 1956') for winding up of Wizard Biotech Private Limited (hereinafter shall be referred to as 'the respondent-company'). 2. The facts leading to filing of this petition, briefly stated, are that the respondent-company is a private limited company registered under the 1956 Act, and having its regi....

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....dent-company replied to that notice and the document in support thereof is there on the record as Annexure-3 to the petition. 5. The learned counsel for the petitioner contended that the respondent- company has admitted that Rupees one lakh is due of the petitioner against it and despite of that it has not paid that amount and thus it is a clear case of inability of the respondent-company to pa....

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....bject to handing over of all properties belonging to the respondent-company lying with the petitioner. The letter dated 21st of July, 2004 Annexure-4 sent to the petitioner by the respondent-company has not been refuted by the petitioner. In the petition it is nowhere stated that the contents of Annexure-4 have been denied by the petitioner by sending any letter. In para No. 11 of the petition the....