2006 (3) TMI 342

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... ORDER V.K. Gupta, CJ. - We have heard the learned counsel for the parties and perused the impugned judgment dated 15-3-2004 rendered by learned Single Judge of this Court whereby the winding up application filed by the appellant has been dismissed on the ground that the appellant has already instituted a suit for recovery of amount in question and the suit is pending disposal in the Civil C....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... suit. The following observations in Azeet International (P.) Ltd.'s case (supra ) being apposite are quoted hereinbelow:- "There is yet another aspect of the case. Admittedly, a civil suit for the recovery of the amount, claimed in the present petition, has been filed by the petitioner-company against the respondent-company and such suit is pending adjudication. Under these circumstances, the ....