2016 (8) TMI 1542

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....y Petition has been filed seeking to wind up the Respondent Company - Jaylaxmi Sugar Products (Nitali) Pvt. Ltd. on the ground that it is unable to pay its debts. It is the case of the Petitioner that the Respondent Company is indebted to the Petitioner in the sum of Rs. 3.44 Crores which is inclusive of interest. 2 It is the case of the Petitioner that during the course of business of the Resp....

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....insufficient funds". In these circumstances, the Petitioner was constrained to serve a statutory notice dated 16 February, 2015, on the registered office of the Respondent Company calling upon the Respondent Company to pay its outstanding dues, failing which winding up proceedings would be initiated. When this statutory notice was sought to be served on the Respondent Company at its registered off....

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..... 94 ( S.J. Vazifdar J.)] I am satisfied that the service of the statutory notice is complete and good service. 7 On the same parity of reasoning and applying the ratio of the decision of this Court in the case of M/s Euroamer Garuda Resorts (India) Pvt. Ltd. Vs. Endeavour Media Management Pvt. Ltd. [Company Petition No. 270 of 2014 ( S.J. Kathawalla, J.) decided on 9 July, 2014] , I am satisfi....

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.... returnable on 19 September, 2016; (ii) The admission of the Company Petition shall be advertised in two local newspapers viz. (i) "Indian Express Pune edition" (in English) and (ii) "Loksatta" (in Marathi) as also in (iii) "Maharashtra Government Gazette" . Any delay in publication of the advertisement in the Maharashtra Government Gazette and any resultant inadequacy of notice shall not inval....