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2006 Supreme(Bom) 853

N.A.BRITTO
Fomento Resorts And Hotels Ltd. – Appellant
Versus
Goa Golf Club Pvt. Ltd. – Respondent


BRITTO N.A., J.: - This petition is f1led under section 433(e) of the Companies Act, 1956 for the winding up of the respondent Company-M/s. Goa Golf Club Pvt. Ltd. on the ground that the respondent is indebted to the petitioner-Company in the sum of Rs. 19,73,535/- which the respondent has failed to pay to the petitioner in spite of the statutory notice dated 21-4-2003. The petition is resisted on the ground that the petition has been f1led to exert pressure on the respondent to give in to the unreasonable and inconceivable demands made by the petitioner from time to time and it is the petitioner which is due and payable to the respondent a sum of Rs. 5,14,406/-.

2. Some facts are required to be stated to dispose of the petition.

3. The petitioner owns a Five Star Resort known as Cidade de Goa. In terms of section 13-A of the Goa, Daman and Diu Public Gambling Act, 1976 a Casino i.e. games of electronic amusementl slot machines can be run only in a Five Star Hotel. The respondent had specialized knowledge and expertise in running a Casino i.e. games of electronic amusement/slot machines, and the respondents Director obtained a licence from the Government of Goa dated 15-2-1994. One D
















































































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