2009 (3) TMI 1108

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....hruv Kapoor, Sachin Midha, Rajneesh Chopra and Subramonium Prasad, Advs. JUDGMENT 1. This Special Leave Petition is directed against the judgment and order dated 19th July, 2007, passed by the Division Bench of the Bombay High Court in Appeal No. 382/07 arising out of Company Petition No. 419/06, filed by the petitioner herein. Claiming to be a Holder in Due Course of two Bills of Exchange, ....

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...., nothing further was payable on the basis of the said Bills of Exchange. It also appears that the Bills of Exchange were not presented for a period of two years after the date of maturity and only on 4th February, 2005, Carbon Technologies Limited issued notice demanding payment on the basis thereof. On reply being sent on 7th March 2005, by the respondent Company, the said notice was withdrawn. ....

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....d 21st March, 2007. The same view was expressed by the Division Bench in Appeal No. 382/2007 arising out of Company Petition No. 419/2006. 4. Having heard learned Counsel for the respective parties, we are inclined to accept the reasoning of the Division Bench endorsing the judgment of the learned Single Judge, since having regard to the facts, we are also of the view that this is a matter whic....