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2017 Supreme(Bom) 586

R.D.DHANUKA
Janak Herkishen Vaswani – Appellant
Versus
Parekh Aluminex Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sharan Jagtiani, a/w. Mr. Nirman Sharma, a/w. Ms. Pinky Patel, i/b. M/s. Desai & Diwanji.
For the Respondent: Mr. Simil Purohit, a/w. Mr. Punit Damodar, Ms. Nikita Vardhan, i/b. Kanga & Co.
For the Intervenor : Ms. Ankita Singhania, a/w. Mr. Aamir Ali Shaikh, Mr. Punit Kachalia, i/b. I.V. Merchant & Co.

JUDGMENT :

The petitioner in Company Petition No.496 of 2014, Company Petition No.497 of 2014 and Company Petition No.498 of 2014 have prayed for winding up of the respondent on the ground that the respondent is unable to pay its debts. Company Application (L) No.890 of 2015, Company Application (L) No.886 of 2015 and Company Application (L) No.885 of 2015 are filed by the applicants inter alia praying for impleadment as party respondent in the aforesaid company petitions respectively.

2. The facts of all the three matters being identical were heard together for the purpose of considering admission of these petitions and are decided by a common order.

3. Some of the relevant facts for the purpose of deciding whether these petitions shall be admitted or not are as under :-

4. Insofar as Company Petition No.496 of 2014 is concerned, it is the case of the petitioner that the petitioner gave loan to the respondent on 19th March, 2012 in the sum of Rs.50,00,000/- by a cheque. The said amount was repayable by the respondent with interest at the rate of 12% per annum. The respondent vide its letter dated 16th December, 2012 acknowledged its liability to the petitioner in the said sum of Rs.50

















































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