2013 (4) TMI 108

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....ate. For the Respondent: Ex-parte. JUDGMENT This is a petition filed under the provisions of Sections 433, 434 and 439 of the Companies Act, 1956 (hereinafter referred to as The Act). Petitioner Messrs. Reliance Capital Limited is seeking winding up of the respondent-company by the name of Messrs. Rakesh & Rajesh Wires Pvt. Ltd. Notice in the petition was issued on 11.1.2008. The responde....

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....equent to serious defaults in repayments of the amounts so advanced by the bank and also several breaches of the terms and contractual obligations stipulated under the agreements on the part of the respondent-Company, proceedings were initiated by the bank for recovery of the amounts due. In this regard, an application was filed before the Debt Recovery Tribunal, Jaipur (Rajasthan) and in terms of....

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.... notices were issued by the bank, calling upon the respondent to pay the decretal amount, but however without any fruitful result. Subsequently, vide agreement dated 30.3.2007, the bank assigned its debts in favour of the petitioner-Company. The said agreement is duly registered with the Sub Registrar, Assurances at Jaipur. Thereafter, petitioner served notice dated 30.4.2007 and legal notice date....

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.... and background, it would be just equitable for the Company to be wound up. Ordered accordingly. 6. Under the facts and circumstances, the respondent-Company i.e. Messrs. Rakesh & Rajesh Wires Pvt. Ltd., is ordered to be wound up. 7. The Registry of this Court is directed to send a copy of this order to the Official Liquidator as also Registrar of the Companies where the respondent-Company i....