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2017 Supreme(Chh) 562

SANJAY K.AGRAWAL
Rekha Jain, W/o Shri Prem Raj Jain – Appellant
Versus
Nanesh Builders Pvt. Ltd – Respondent


Advocates Appeared:
For the Petitioner:Mr. Prafull Bharat and Mr. Keshav Dewangan, Advocates.
For the Respondent:Mr. Adhiraj Surana, Advocate.

ORDER :

1. Invoking Sections 433 (e) and 434 of the Companies Act, 1956, this company petition has been filed for winding up of the respondent Company.

2. Facts pleaded in the petition to claim relief of winding-up are as under: -

(2.1) The petitioner advanced unsecured loan to the respondent Company bearing interest at the agreed rate of 12 % per annum amounting to Rs.5,61,765/- as on 31-3-2003. During the financial year, the respondent Company has paid to the petitioner a sum of Rs.77,974/- towards accrued interest at the rate of 12% per annum after deducting TDS of Rs.8,187/- as per the provisions of the Income Tax Act. It is further case of the petitioner that the unsecured loan suddenly disappeared from the books of accounts and balance sheets of the respondent Company due to fraud and forgery committed by the Directors of the respondent Company and the unsecured loan was not reflected in the balance sheets and books of accounts of the respondent Company in 2003-04, 2004- 05 and 2005-06 to 2008-09. Therefore, legal notice dated 28-2- 2010 (Annexure P-2) was served upon the respondent in conformity with the provisions contained in Section 434 (1) of the Companies Act and thereafte





































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