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2008 (2) TMI 858

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....ation to respondent company were in progress. From the on-line report it does appear that the B.I.F.R. proceedings were dismissed. Against the said decision the matter was carried in appeal by the company which also came to be rejected. In that sense the matters will now have to proceed before this Court. 2. In all these four petitions the reliefs claimed is of winding-up of the respondent compan....

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....e petitioner, it necessarily follows that the respondent company is unable to pay its debt. 3. Similar position appears in Company Petition No.946 of 1998 which is again in respect of goods sold, delivered and supplied. The outstanding amount payable by the respondent company to the petitioner is ₹ 1,91,860/-. Even in this petition it is uncontroverted that the respondent failed and neglect....